[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4122 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 4122
To support high-need middle and high schools in order to improve
students' academic achievement, graduation rates, postsecondary
readiness, and preparation for citizenry.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 19, 2009
Mr. George Miller of California (for himself, Mr. Kildee, Mr. Scott of
Virginia, Mr. Hinojosa, Mr. Grijalva, Mr. Loebsack, Mr. Davis of
Illinois, and Mr. Fattah) introduced the following bill; which was
referred to the Committee on Education and Labor
_______________________________________________________________________
A BILL
To support high-need middle and high schools in order to improve
students' academic achievement, graduation rates, postsecondary
readiness, and preparation for citizenry.
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 ``Graduation for All Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) A high school diploma and postsecondary training are
increasingly important for success in the 21st century economy.
In fact, nearly 90 percent of the fastest-growing, highest-
paying jobs require education beyond high school.
(2) About 1,200,000 high school students, which is
approximately one-third of all high school students, do not to
graduate every year. According to the Department of Education,
the 2009 United States high school graduation rate was the
lowest the rate since 2002.
(3) Dropouts earn less and require greater public
assistance than high school completers. Compared to the 11
percent of high school graduates, 25 percent of dropouts were
unemployed for a year or more between 1997 and 2001. Dropouts
create an annual estimated cost of $24,000,000,000 to the
public.
(4) Only 16 percent of the Nation's 50 largest school
districts have a graduation rate that is equal to or greater
than the national average. Additionally, the Nation's 50
largest cities graduate about 59 percent of students on time,
compared to 77 percent of students in nearby suburban
communities.
(5) The national graduation rate is 70 percent. The
graduation rates for minority groups are far lower than that of
their peers. Only 55 percent of Black students, 58 percent of
Latino students, and 51 percent of Native American students
graduate, while their nonminority peers graduate at a rate of
76 percent. And, only 56 percent of all students with
disabilities earn diplomas. Additionally, 35 percent of Black
students and 29 percent of Latino students, compared to only 11
percent of White students, attend high schools in which
graduation is not the norm.
(6) There is a gender gap in national graduation rates,
with 72 percent of female students graduating compared to 65
percent of males. This gap is especially large among minority
groups. Only 48 percent of African-American male students
graduate, whereas 59 percent of African-American female
students graduate. Among Latino students, 58 percent of female
students graduate compared to 49 percent of male students.
(7) Approximately half of the Nation's students who drop
out of high school were previously enrolled in a ``dropout
factory''--a school where 40 percent or more of the students in
the freshman class have dropped out by the time the students
reach their senior year. These schools are located in nearly
every State and disproportionately serve minority and poor
students.
(8) Investing in the expansion of dual enrollment and early
college programs can help individuals earn credit toward
postsecondary education while simultaneously earning high
school credit. These programs increase high school graduation
rates and the percentage of students who complete a recognized
postsecondary credential by the age of 26, including low-income
students and students from other populations underrepresented
in higher education.
(9) Lack of basic skills at the end of the middle school
grades 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 tenth grade. Those students who do
not progress on time to the tenth grade are at significant risk
of dropping out of high school.
(10) High school dropouts are 3\1/2\ times more likely than
high school graduates to be arrested and 8 times more likely to
be incarcerated. Nearly 70 percent of inmates in our Nation's
prisons did not earn a high school diploma. Moreover, rasing
the high school completion rate one percent for men between
ages 20 and 60 would save the United States $1,400,000,000
annually in crime-related costs.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to address the dropout crisis by supporting local
educational agencies in improving the achievement, increasing
the graduation rates, increasing the college enrollment and
postsecondary persistence rates, and improving preparation for
citizenry, of students attending the Nation's lowest-performing
high schools and their feeder middle schools;
(2) to support comprehensive data-based school reforms and
the creation of new schools, including charter schools and
other innovative school models, such as magnet schools, to
prepare students for success in postsecondary education and
21st century careers;
(3) to provide targeted, intensive support and effective
interventions to reform schools with high dropout and low
graduation rates through dropout prevention, college readiness,
and credit recovery programs; and
(4) to conduct an extensive evaluation of reform efforts
and disseminate the results of such efforts in order to ensure
the success of future middle school and high school reform
efforts.
TITLE I--IMPROVING STUDENT ACADEMIC ACHIEVEMENT, GRADUATION RATES, AND
POSTSECONDARY READINESS IN HIGH SCHOOLS AND MIDDLE SCHOOLS
SEC. 101. RESERVATION OF FUNDS; FUNDING REQUIREMENT.
(a) Reservation of Funds.--Of the amounts appropriated under
section 106 to carry out this title for a fiscal year, the Secretary
shall reserve not more than 2 percent, not to exceed $10,000,000, for
carrying out section 105(b).
(b) Funding Requirement.--In order to ensure a diversity of Models
for Success described in section section 103(b)(1)(B), and to provide
sufficient examples for the carried out evaluation under section
105(b), the Secretary shall ensure that during each 3-year grant cycle,
by the end of each 3rd fiscal year for which funds have been
appropriated to carry out this title--
(1) not less than 15 percent of the total number of
eligible entities receiving grant funds under this title use
such funds to carry out the transformation model described in
section 103(b)(1)(B)(i) in at least one eligible middle school
or eligible high school;
(2) not less than 15 percent of the total number of
eligible entities receiving grant funds under this title use
such funds to carry out the turnaround model described in
section 103(b)(1)(B)(ii) in at least one eligible middle school
or eligible high school;
(3) not less than 15 percent of the total number of
eligible entities receiving grant funds under this title use
such funds to carry out the restart model described in section
103(b)(1)(B)(iii) in at least one eligible middle school or
eligible high school; and
(4) not less than 15 percent of the total number of
eligible entities receiving grant funds under this title use
such funds to carry out the close-down model described in
section 103(b)(1)(B)(iv) in at least one eligible middle school
or eligible high school.
SEC. 102. GRANTS AUTHORIZED.
(a) Grants Authorized.--From the amount remaining after making the
reservation described in section 101(a), the Secretary shall award
grants, on a competitive basis, to eligible entities to improve student
academic achievement, graduation rates, and postsecondary readiness in
participating middle schools and participating high schools in such
eligible entities by carrying out the activities described in section
103.
(b) Grant Period.--A grant under this title--
(1) shall be awarded to an eligible entity for a 3-year
period; and
(2) subject to subsection (e)(2), may be renewable for an
additional 3-year period if the Secretary determines that the
eligible entity has, by the end of the first 3-year grant
period, effectively improved student achievement, graduation
rates, and postsecondary school readiness in participating
middle schools and participating high schools by, at a
minimum--
(A) dramatically increasing the graduation rate in
participating high schools in the aggregate and
disaggregated for subgroups in the same manner as
described in section 1111(b)(2)(C)(II) of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 6311(6)(2)(C)(II));
(B) dramatically increasing the percentage of
students who attend at least 90 percent of the schools
days in a school year in participating high schools or
participating middle schools;
(C) dramatically increasing the percentage of
students passing math and English courses in
participating middle schools;
(D) dramatically increasing the percentage of
students passing all courses required for graduation
from secondary school; and
(E) meeting the graduation goals established in
section 104(a)(5).
(c) Federal Share, Non-Federal Share.--
(1) Federal share.--The Federal share of a grant under this
title shall be not more than 75 percent of the costs of the
activities assisted under the grant.
(2) Non-federal share.--
(A) In general.--The non-Federal share of a grant
under this title shall be not less than 25 percent of
the costs of the activities assisted under the grant.
(B) In-kind contributions.--An eligible entity may
use in-kind contributions to meet the non-Federal share
requirement described in subparagraph (A).
(3) Waiver.--The Secretary may reduce the amount of the
non-Federal share of an eligible entity if the eligible entity
demonstrates to the Secretary that such funds are unavailable
due to economic hardship, as defined by the Secretary.
(d) Supplement, No Supplant.--An eligible entity that receives a
grant under this title shall use the grant funds to supplement, and not
supplant, other Federal and non-Federal funds available to eligible
middle schools and eligible high schools.
(e) Maintenance of Effort.--
(1) In general.--A local educational agency may receive
funds under this title for any fiscal year only if the State
educational agency finds that either the combined fiscal effort
per student or the aggregate expenditures of that agency and
the State with respect to the provision of free public
education by that agency for the preceding fiscal year was not
less than 90 percent of such combined fiscal effort or
aggregate expenditures for the second preceding fiscal year.
(2) Renewal.--In the case of a grant that is renewed in
accordance with subsection (b)(2), the Secretary shall make a
grant payment for each year of the renewal only if a State
demonstrates, to the satisfaction of the Secretary, that the
State has the met the maintenance of effort requirement
described in paragraph (1).
(3) Financial hardship waiver.--A State or eligible entity
may apply to the Secretary for a waiver of, and the Secretary
may waive, the requirements of this subsection if the State is
experiencing a financial hardship.
SEC. 103. USES OF FUNDS.
(a) In General.--An eligible entity receiving a grant under this
title shall use the funds made available under the grant to improve the
academic achievement, graduation rates, postsecondary readiness, and
postsecondary enrollment of students enrolled in each participating
middle school and participating high school in the eligible entity by
carrying out the activities described in subsection (b).
(b) Activities.--An eligible entity shall carry out the following
activities:
(1) Implementing, for each participating middle school and
participating high school in the eligible entity--
(A) an Early Warning System (as defined in section
401(8)); and
(B) a Model for Success that uses evidence-based
strategies and materials to provide rigorous and
relevant curricula and instruction to personalize the
secondary school experience and improve school climate,
which is selected by the eligible entity for each such
school from among the following models:
(i) Transformation model.--A
``transformation model'' means a model that
includes--
(I) evidence based strategies and
materials to provide rigorous relevant
curricula and instruction; and
(II) increasing teacher and school
leader effectiveness by implementing
on-site professional development
activities, such as mentoring and
induction programs for new teachers and
career-ladder opportunities for all
teachers, that respond to student and
schoolwide needs.
(ii) Turnaround model.--A ``turnaround
model'' means a model that includes--
(I) evidence based strategies and
materials to provide rigorous relevant
curricula and instruction;
(II) replacing the principal, in
cases in which student achievement has
declined during the history of the
principal's tenure, with a new
principal; and
(III) reassigning or replacing each
of the teachers who are assigned to
teach subjects for which they do not
have subject-matter expertise, or are
not highly-qualified, with teachers who
have subject-matter expertise in each
subject that they teach and are highly-
qualified.
(iii) Restart model.--A ``restart model''
means a model under which the eligible entity
closes a school and reopens it under a school
management organization or charter management
organization that will--
(I) provide new leadership, new
staff, new instructional programs; and
(II) allow all students who were
enrolled in the school prior to its
closure to enroll in the school when it
reopens.
(iv) Close-down model.--A ``close-down
model'' means a model--
(I) under which a school is closed
and students are re-enrolled in other,
higher-achieving schools (which may
include new schools or charter schools)
under the jurisdiction of the eligible
entity; and
(II) that allows school employees
who were employed at the school that
has been closed to re-apply for
positions in the new schools.
(2) Monitoring and supporting each Graduation Improvement
Team serving a participating middle school or participating
high school in the eligible entity in carrying out the
activities described in section 104(a)(3)(A).
(3) Providing school leadership teams, including the
principal at each participating middle school and participating
high school, with more operating flexibility with respect to
staffing, evaluation, leadership structure, program, budget,
scheduling, and use of school-time decisions.
(4) Providing academically rigorous education options that
lead to a diploma consistent with readiness for postsecondary
education based on an analysis of the data available under the
Early Warning Data System, and are designed to meet the
students' needs, such as effective research-based dropout
prevention, credit and dropout recovery, and recuperation
education programs for students who are not making sufficient
program towards graduation or who have dropped out.
(5) Providing information and assistance about requirements
for high school graduation, college admission, college
financial assistance programs, and college and career success
for all students enrolled in each such school, including--
(A) assistance in completing the FAFSA (as referred
to in section 483 of the Higher Education Act (20
U.S.C. 1090));
(B) information about Federal student aid programs
for which students may be eligible, including Federal
student loans, Federal Pell grants, and Federal work
study programs available pursuant to title IV of the
Higher Education Act of 1965 (20 U.S.C. 1070 et seq.);
and
(C) promotion of existing guidance resources with
respect to such Federal student aid programs available
to students and families.
(6) Engaging parents and community partners around school
improvement activities carried out under this section and
providing parents with the tools to navigate, support, and
influence their children's academic career and choices.
(7) Assisting participating middle schools and
participating high schools with costs associated with the
implementation of the programs described in paragraph (4),
including transportation costs and, in the case of a school in
which the eligible entity has carried out a close-down model,
other costs associated with providing extra supports to
students who are re-enrolled in higher-achieving schools in the
eligible entity pursuant to such model.
(c) Rule of Construction.--Nothing in this section shall be
construed to alter or otherwise affect the rights, remedies, and
procedures afforded school or district employees under Federal, State,
or local laws (including applicable regulations or court orders) or
under the terms of collective bargaining agreements, memoranda of
understanding or other agreements between such employees and their
employers.
SEC. 104. APPLICATION; APPLICATION REVIEW AND AWARD BASIS.
(a) Application.--An eligible entity desiring a grant under this
title shall submit an application to the Secretary at such time, in
such manner, and containing such information as the Secretary may
require. The application shall, at a minimum, include the following
information:
(1) Identification of schools.--An identification--
(A) of the eligible high schools and the eligible
middle schools under the jurisdiction of the eligible
entity; and
(B) of the high schools and feeder middle schools
of such high schools identified pursuant to
subparagraph (A) that will be served by the grant
awarded to the eligible entity.
(2) Needs analysis.--
(A) In general.--An assurance that the eligible
entity will conduct a needs analysis described in
subparagraph (B) for each participating middle school
and participating high school to assist the entity in
determining which Model of Success described in section
103(b)(1)(B) to carry out in each such school.
(B) Description.--A needs analysis described in
this subparagraph shall include--
(i) an analysis of the needs of the student
population in a school, including--
(I) a determination of the number
of students that are not meeting the
State's proficient level of academic
achievement on the State assessments
under section 1111(b)(3) of the
Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6311(b)(3)) and an
identification of the academic subjects
and grade levels in which the students
are failing to meet such level of
academic achievement; and
(II) the specific needs of students
facing significant barriers to high
school graduation, such as students
with limited English proficiency,
students with disabilities, students
who are homeless children and youths,
students who are foster care or are
aging out of the foster care system, or
other disconnected students;
(ii) an analysis of the number, experience,
training level, responsibilities, and retention
rates of existing administrative,
instructional, and noninstructional staff for a
school;
(iii) in determining which Model of Success
may be the most practical to carry out in a
school--
(I) a review of the school's
budget, including how Federal, State,
and local funds are being spent, as of
the time of the analysis, for
instruction and operations at the
school level for staff salaries,
instructional materials, professional
development, and student support
services, in order to establish the
extent to which existing resources need
to, and can be reallocated, or better
coordinated, with activities to improve
the school;
(II) a review of the additional
resources and staff necessary to
implement, at the school, the
activities identified under a Model for
Success; and
(III) an analysis of the capacity
of the eligible entity to provide
technical assistance, additional staff,
and resources to implement activities
identified under a Model for Success;
and
(iv) a comparison of the ratio of highly-
qualified teachers with subject matter
expertise in the subjects they teach in
eligible middle schools and eligible high
schools served by the eligible entity, compared
to the highest-achieving schools served by the
eligible entity.
(3) Selection of models of success.--A selection of a Model
of Success described in section 103(b)(1)(B) for each
participating middle school and participating high school that
is made after conducting a needs analysis described in
paragraph (2).
(4) Graduation improvement team.--
(A) In general.--An assurance that the eligible
entity will establish, for each participating middle
school and participating high school in which the
entity will carry out a Model of Success described in
clause (i), (ii), or (iii) of section 103(b), a
Graduation Improvement Team described in subparagraph
(B) that, with respect to each such school--
(i) assists the eligible entity in--
(I) implementing such Models; and
(II) maintaining the Early Warning
System (as defined in section 401(8))
and identifying and implementing the
necessary evidenced-based interventions
under the intervention component of
such system; and
(ii) provides consultation to the eligible
entity in carrying out the activities described
in section 103.
(B) Members.--A Graduation Improvement Team--
(i) shall include--
(I) a principal or school leader
from the participating middle school or
participating high school;
(II) at least 2 teachers
representing different grade levels or
disciplines from the participating
middle school or participating high
school;
(III) specialized instructional
services personnel;
(IV) staff of the eligible entity;
and
(V) a representative from a
technical assistance provider or a
nonprofit organization with
demonstrated expertise in analyzing
performance data and a demonstrated
record of success--
(aa) in improving student
achievement or graduation or
college enrollment rates;
(bb) restructuring low-
performing middle schools or
high schools; and
(cc) in carrying out
activities relative to the
needs of the student population
(including needs related to
linguistic and cultural
diversity, varied learning
styles, and youth facing
significant obstacles to
graduation) in the
participating middle school or
participating high school;
(VI) a representative from a school
management organization, which may
include charter management
organizations;
(VII) a representative from a
teacher organization; and
(VIII) one individual from among
each of the following community
representatives--
(aa) parents, including
parents of students at-risk of
dropping out of the
participating school; and
(bb) nonprofit
organizations serving young
people (such as those that
provide behavioral or mental
health services, job training
and apprenticeship programs,
job placement and retention
training, education and after
school programs, mentoring
programs, conflict resolution,
sports, arts, life skills, or
supports for youth who have
dropped out of school, are at
risk of dropping out, or
demonstrate chronic truancy);
and
(ii) may include representatives from--
(I) the State educational agency
serving the eligible entity;
(II) philanthropic organizations;
(III) the business community;
(IV) an institution of higher
education; and
(V) a county, city, or other local
unit of government.
(5) Early warning system.--Provide an assurance that the
eligible entity will, for each participating middle school and
participating high school, establish and, in consultation with
each Graduation Improvement Team at each such school, if
applicable, maintain an Early Warning System (as defined in
section 401(8)) and identify and implement necessary evidenced-
based interventions under the intervention component of such
system.
(6) Ensuring equity in teacher distribution.--
(A) Integration with state teacher equity plan.--
Demonstrate how each participating middle school and
participating high school in the eligible entity and
the implementation of the Model of Success selected for
each such school will meet the requirements of the
State Plan of the State in which the eligible entity is
located described in section 1111(b)(8)(C) of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 6311(b)(8)(C)) to ensure that low-income and
minority children are not taught at higher rates than
other children by out-of-field, inexperienced, or
unqualified teachers.
(B) Integration with american recovery and
reinvestment act teacher equity assurance.--Demonstrate
how each participating middle school and participating
high school in the eligible entity and the
implementation of the Model of Success selected for
each such school will meet the requirements of the
State assurance provided by the State in which the
eligible entity is located pursuant to section
14005(d)(2) of the American Recovery and Reinvestment
Act of 2009 (Public Law 111-5) to--
(i) take actions to improve teacher
effectiveness;
(ii) address inequities in the distribution
of highly qualified teachers between high- and
low-poverty schools; and
(iii) ensure that low-income and minority
children are not taught at higher rates than
other children by inexperienced, unqualified,
or out-of-field teachers.
(C) Teacher equity for students with
disabilities.--Demonstrate how each participating
middle school and participating high school and the
implementation of the Model of Success selected for
each such school will ensure that students with
disabilities are not taught at higher rates than other
children by inexperienced, unqualified, or out-of-field
teachers.
(7) Sustainable resources and support.--Demonstrate that
the eligible entity has the resources and support to sustain
and further improve student achievement and graduation rates
following the completion of the 3-year grant period.
(8) Graduation rate goals.--Provide ambitious goals, as
defined by the Secretary, for graduation rate improvement for
the students in the subgroups described in section
1111(b)(2)(C)(II) of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6311(6)(2)(C)(II)) at each participating
high school.
(b) Application Review and Renewal.--The Secretary shall--
(1) establish a peer review process to assist in the review
of the grant applications and approval of the grants under this
title;
(2) appoint to the peer review team--
(A) individuals who are educators or experts in--
(i) innovative education models;
(ii) secondary school reform;
(iii) school accountability;
(iv) postsecondary education preparation
and access; and
(v) workforce preparation; and
(B) not less than 1 parent or community
representative; and
(3) ensure that each grant award is of sufficient size and
scope to carry out the activities proposed in the grant
application, including the evaluation required under section
105(c).
(c) Award Basis.--In awarding grants under this title the Secretary
shall ensure a diversity of grant awards to eligible entities in both
urban and rural areas and prioritize applications from--
(1) eligible entities serving eligible high schools with
the lowest graduation rates in the State in which the eligible
entity is located;
(2) eligible entities serving eligible middle schools and
eligible high schools and with the highest poverty rates in the
State in which the eligible entity is located;
(3) eligible entities that demonstrate support for grants
awarded under this title from--
(A) key stake holders (including the local
teachers' union);
(B) the charter school authorizers of the State in
which the eligible entity is located; and
(C) other State and local leaders (which may
include leaders of civil rights, business, and
education associations);
(4) eligible entities that partner with an external
assistance organization with a demonstrated record of success
with respect to the needs of the student population; and
(5) eligible entities serving geographic areas, including
rural and urban areas, with significant economic distress, as
defined by the Secretary.
SEC. 105. EVALUATION AND REPORTING.
(a) Reporting.--Each eligible entity receiving a grant under this
title shall collect and report annually to the Secretary such
information on the results of the activities assisted under the grant
as the Secretary may reasonably require, including information
(disaggregated in the same manner as described in section
1111(h)(1)(C)(i) of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6311(h)(1)(C)(i), and cross-tabulated by race, ethnicity,
and gender)) on--
(1) the number and percentage of students served, by grade
level;
(2) with respect to each participating middle school and
participating high school in the eligible entity--
(A) academic achievement data, including the
percentage of students scoring advanced proficient,
basic, and below basic on the State assessments
described in section 1111(b)(3) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6311(b)(3));
(B) high school graduation rate data;
(C) the percentage of students--
(i) enrolled in Advanced Placement courses;
and
(ii) who passed Advanced Placement exams;
(D) college enrollment rate data;
(E) postsecondary persistence rate data; and
(F) the percentage of core courses taught by
teachers with subject matter expertise in such courses.
(b) Evaluation; Best Practices.--
(1) In general.--From amounts reserved under section
101(a), the Secretary shall enter into a contract with an
outside evaluator to carry out the following:
(A) Evaluation.--
(i) In general.--Conducting a comprehensive
evaluation at the end of the 3rd fiscal year
that funds are appropriated to carry out this
title on the effectiveness of all grants
awarded to eligible entities under this title,
including a comparison of the data on student
achievement described in clause (ii) among
participating middle schools and participating
high schools in which the eligible entities
carried out a Model of Success described in--
(I) section 103(b)(1)(B)(i);
(II) section 103(b)(1)(B)(ii);
(III) section 103(b)(1)(B)(iii);
and
(IV) section 103(b)(1)(B)(iv).
(ii) Data.--The data on student achievement
described in this clause shall include--
(I) student academic achievement
data;
(II) high school graduation rate
data;
(III) college enrollment rate data;
and
(IV) postsecondary persistence rate
data.
(B) Best practices.--Disseminating best practices
in improving the achievement of middle school and high
school students.
(C) Technical assistance.--Providing technical
assistance to eligible entities that receive a grant
under this title.
(2) Peer review.--
(A) In general.--An evaluator receiving a contract
under this subsection shall--
(i) establish a peer-review process to
assist in the review and approval of the
evaluations conducted under this subsection;
and
(ii) appoint individuals to the peer-review
process who are--
(I) educators and experts in--
(aa) research and
evaluation; and
(bb) the areas of expertise
described in section section
104(b)(2)(A); and
(II) independent of the eligible
entities that receive grants under this
title and the Graduation Improvement
Teams served by such grants.
(B) Restrictions on use.--The Secretary shall not
distribute or use the results of any evaluation
described in paragraph (1)(A) until the results are
peer-reviewed in accordance with subparagraph (A).
SEC. 106. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this title,
$2,000,000,000 for fiscal year 2011, and such sums as may be necessary
for each of the 5 succeeding fiscal years.
TITLE II--FAST TRACK TO COLLEGE DEMONSTRATION PROGRAM
SEC. 201. SHORT TITLE.
This title may be cited as the ``Fast Track to College Act of
2009''.
SEC. 202. PURPOSE.
The purpose of this title is to increase high school graduation
rates and the percentage of students, including low-income students and
students from populations underrepresented in higher education, who
complete a recognized postsecondary credential by the age of 26.
SEC. 203. ELIGIBLE ENTITY.
In this title, the term ``eligible entity'' means a local
educational agency--
(1) that is--
(A) eligible for funding under section 1125 of the
Elementary and Secondary Education Act of 1965; or
(B) a Bureau-funded school; and
(2) that partners with an institution of higher education
to establish, or support an existing, early college high school
or dual enrollment program.
SEC. 204. AUTHORIZATION OF APPROPRIATIONS; RESERVATIONS.
(a) Authorization of Appropriations.--To carry out this title,
there are authorized to be appropriated $150,000,000 for fiscal year
2011 and such sums as may be necessary for each of the 5 succeeding
fiscal years.
(b) Reservations.--Of the amount appropriated under subsection (a)
for a fiscal year, the Secretary shall reserve--
(1) at least 40 percent to award grants to eligible
entities that establish a new, or support an existing, early
college high school in accordance with section 206;
(2) at least 40 percent to award grants to eligible
entities that establish a new, or support an existing, dual
enrollment program in accordance with section 206; and
(3) not more than 5 percent for the purpose of conducting
the national evaluation and providing technical assistance
activities to grant recipients under sections 209(d) and
209(e).
SEC. 205. AUTHORIZED PROGRAM.
(a) In General.--From the amount appropriated under section 204(a),
the Secretary is authorized to award 6-year grants to eligible entities
seeking to establish a new, or support an existing, early college high
school or dual enrollment program in accordance with section 206.
(b) Grant Amount.--
(1) In general.--Subject to paragraph (1), the Secretary
shall ensure that grants are of sufficient size to enable
grantees to--
(A) carry out all required activities described in
section 106(a); and
(B) otherwise meet the purpose of this title.
(2) Limitation.--The amount of a grant awarded under this
title shall not exceed $2,000,000.
(c) Matching Requirement.--
(1) In general.--To be eligible to receive a grant under
this title, an eligible entity shall contribute non-Federal
matching funds toward the costs of the early college high
school or dual enrollment program to be supported under the
grant in an amount equal to not less than the applicable
percent of the amount of the grant.
(2) Applicable percentage.--For purposes of paragraph (1),
the applicable percentage means--
(A) 20 percent in the first fiscal year of the
grant;
(B) 20 percent in the second fiscal year of the
grant;
(C) 30 percent in the third fiscal year of the
grant;
(D) 30 percent in the fourth fiscal year of the
grant;
(E) 40 percent in the fifth fiscal year of the
grant; and
(F) 50 percent in the sixth fiscal year of the
grant.
(3) Determination of amount contributed.--The non-Federal
share may be in cash or in kind.
(4) Waiver.--The Secretary may waive or reduce the amount
of the non-Federal share of an eligible entity if the eligible
entity demonstrates extreme economic distress, as determined by
the Secretary.
(d) Supplement, Not Supplant.--An eligible entity shall use a grant
received under this title only to supplement, and not supplant, non-
Federal funds that would, in the absence of such grant, be made
available to support the activities described in the eligible entity's
application under section 207.
(e) Priority.--In awarding grants under this section, the Secretary
shall give priority to applicants--
(1) receiving a grant under title I of this Act; and
(2) whose applications demonstrate that they will use the
grant funds received under this title to serve geographic areas
with severe economic distress, as determined by the Secretary.
SEC. 206. USES OF FUNDS.
(a) Required Activities.--An eligible entity shall use grant funds
received under this title to support the activities described in its
application under section 207, which shall include the following:
(1) Planning year.--In the case of an eligible entity
establishing a new early college high school or dual enrollment
program, during the first year of the grant, the eligible
entity shall use the grant funds to--
(A) hire a principal and staff, as appropriate;
(B) design the curriculum and sequence of courses
in collaboration with (at a minimum) teachers from the
local educational agency and faculty from the partner
institution of higher education;
(C) inform parents and the community about the
school or program and opportunities to become actively
involved in the school or program;
(D) establishing a course articulation process for
defining and approving courses for high school and
college credit;
(E) outreach programs to ensure that middle school
and high school students and their families are aware
of the early college high school or dual enrollment
program;
(F) liaison activities among partners in the
eligible entity; and
(G) coordinating secondary and postsecondary
support services, academic calendars, and
transportation.
(2) Implementation period.--During the remainder of the
grant period, the eligible entity shall use grant funds for--
(A) academic and social support services, including
counseling;
(B) liaison activities among partners in the
eligible entity;
(C) data collection and use of such data for
student and instructional improvement and program
evaluation;
(D) outreach programs to ensure that middle school
and high school students and their families are aware
of the early college high school or dual enrollment
program;
(E) professional development, including joint
professional development for secondary school and
faculty from the institution of higher education; and
(F) school or program design and planning team
activities, including curriculum development.
(b) Allowable Activities.--An eligible entity may use grant funds
received under this title to support the activities described in its
application under section 207, including--
(1) purchasing textbooks and equipment that support the
school or program's curriculum;
(2) developing learning opportunities for students that
complement classroom experiences, such as internships, career-
based capstone projects, and opportunities provided under
subpart 2 of part A of title IV of the Higher Education Act of
1965 (20 U.S.C. 1070a-11 et seq.);
(3) transportation; and
(4) planning time for high school and college educators to
collaborate.
SEC. 207. APPLICATION.
(a) In General.--To receive a grant under this title, an eligible
entity shall submit to the Secretary an application at such time, in
such manner, and including such information as the Secretary determines
to be appropriate.
(b) Contents of Application.--At a minimum, an application
described in subsection (a) shall include a description of--
(1) the early college high school's or other dual
enrollment program's budget;
(2) each partner in the eligible entity and its experience
with early college high schools or other dual enrollment
programs, including key personnel from each partner and their
responsibilities for the early college high school or dual
enrollment program;
(3) how the eligible entity will work with secondary and
postsecondary teachers, other public and private entities,
community-based organizations, businesses, labor organizations,
and parents to ensure that students will be prepared to succeed
in postsecondary education and employment, which may include
the development of an advisory board;
(4) how the eligible entity will target and recruit at-risk
youth, including those at risk of dropping out of school, first
generation college students, and students from populations
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));
(5) a system of student supports including, but not limited
to, small group activities, tutoring, literacy and numeracy
skill development in all academic disciplines, parental and
community outreach and engagement, extended learning time, and
college readiness activities, such as early college academic
seminars and counseling;
(6) in the case of an early college high school, how a
graduation and career plan will be developed, consistent with
State graduation requirements, for each student and reviewed
each semester;
(7) how parents or guardians of dually enrolled students
will be informed of their academic performance and progress
and, subject to paragraph (5), involved in the development of
their career and graduation plan;
(8) coordination that will occur between an institution of
higher education and the local educational agency, including
regarding academic calendars, provision of student services,
curriculum development, and professional development;
(9) how the eligible entity will ensure that teachers in
the early college high school or other dual enrollment program
receive appropriate professional development and other
supports, including to enable them to utilize effective parent
and community engagement strategies, and help English-language
learners, students with disabilities, and students from diverse
cultural backgrounds to succeed;
(10) learning opportunities for students that complement
classroom experiences, such as internships, career-based
capstone projects, and opportunities provided under subpart 2
of part A of title IV of the Higher Education Act of 1965 (20
U.S.C. 1070a-11 et seq.);
(11) how policies, agreements, and courses taken will
ensure that postsecondary credits earned will be transferable
to, at a minimum, public institutions of higher education
within the State, consistent with existing statewide
articulation agreements;
(12) student assessments and other measurements of student
achievement including benchmarks for student achievement;
(13) outreach programs to provide elementary and secondary
school students, especially those in middle grades, and their
parents, teachers, school counselors, and principals
information about and academic preparation for the early
college high school or other dual enrollment program;
(14) how the local educational agency and institution of
higher education will work together, as appropriate, to collect
and use data for student and instructional improvement and
program evaluation;
(15) how the eligible entity will help students meet
eligibility criteria for postsecondary courses and ensure that
students understand how their credits will transfer; and
(16) how the eligible entity will access and leverage
additional resources necessary to sustain the early college
high school or other dual enrollment program after the grant
expires, including by engaging businesses and non-profit
organizations.
(c) Assurances.--An eligible entity's application under subsection
(a) shall include assurances that--
(1) in the case of an early college high school, the
majority of courses offered, including of postsecondary
courses, will be offered at facilities of an institution of
higher education;
(2) students will not be required to pay tuition or fees
for postsecondary courses;
(3) postsecondary credits earned will be transcribed upon
completion of the requisite course work; and
(4) faculty teaching postsecondary courses meet the normal
standards for faculty established by the institution of higher
education.
(d) Waiver.--The Secretary may waive the requirement of subsection
(c)(1) upon a showing that it is impractical to apply due to geographic
considerations.
SEC. 208. PEER REVIEW.
(a) Peer Review of Applications.--The Secretary shall establish
peer review panels to review applications submitted pursuant to section
206 to advise the Secretary regarding such applications.
(b) Composition of Peer Review Panels.--The Secretary shall ensure
that each peer review panel is not comprised wholly of full-time
officers or employees of the Federal Government and includes, at a
minimum--
(1) experts in the establishment and administration of
early college high schools or other dual enrollment programs
from the secondary and postsecondary perspective;
(2) faculty at institutions of higher education and
secondary school teachers with expertise in dual enrollment;
and
(3) experts in the education of at-risk students.
SEC. 209. REPORTING AND OVERSIGHT.
(a) Reporting by Grantees.--
(1) In general.--The Secretary shall establish uniform
guidelines for eligible entities receiving a grant under this
title concerning information such entities shall annually
report to the Secretary to demonstrate the progress of the
entity toward achieving the goals of this title.
(2) Contents of report.--At a minimum, the report described
in paragraph (1) shall include, with respect to all students
enrolled in the early college high school or dual enrollment
program of each eligible entity receiving a grant under this
title, the following information (disaggregated in the same
manner as described in section 1111(h)(1)(C)(i) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6311(h)(1)(C)(i))):
(A) The number of students enrolled in the early
college high school or dual enrollment program.
(B) The percentage of students scoring advanced,
proficient, basic, and below basic on the assessments
described in section 1111(b)(3) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6311(b)(3)).
(C) The performance on other assessments or
measurements of achievement.
(D) The number of secondary school credits earned.
(E) The number of postsecondary credits earned by
such students.
(F) The attendance rate, as appropriate.
(G) Graduation rate.
(H) Placement in postsecondary education or
advanced training, in military service, and in
employment.
(I) A description of the school or program's
student, parent, and community outreach and engagement.
(b) Reporting by Secretary.--The Secretary annually shall compile
and analyze the information described in subsection (a) and shall
submit a report containing such analysis to the Committee on Health,
Education, Labor, and Pensions of the Senate and the Committee on
Education and Labor of the House of Representatives. The report shall
include identification of best practices for achieving the goals of
this title.
(c) Monitoring Visits.--The Secretary's designee shall visit each
grantee at least once for the purpose of helping the grantee achieve
the goals of this title and to monitor the grantee's progress toward
achieving such goals.
(d) National Evaluation.--Not later than 6 months after the date on
which funds are appropriated to carry out this title, the Secretary
shall enter into a contract with an independent organization to perform
an evaluation of the grants awarded under this title. Such evaluation
shall apply rigorous procedures to obtain valid and reliable data
concerning participants' outcomes by social and academic
characteristics and monitor the progress of students from high school
to and through postsecondary education.
(e) Technical Assistance.--The Secretary shall provide technical
assistance to eligible entities concerning best practices in early
college high schools and dual enrollment programs and shall disseminate
such best practices among eligible entities and State and local
educational agencies. Amounts retained by the Secretary for technical
assistance shall be used to make grants to, or contracts with, public
or nonprofit agencies and organizations with expertise in supporting
the development and implementation of statewide or national duel
enrollment programs or early college programs.
SEC. 210. RULES OF CONSTRUCTION.
(a) Employees.--Nothing in this title shall be construed to alter
or otherwise affect the rights, remedies, and procedures afforded to
the employees of local educational agencies (including schools) or
institutions of higher education under Federal, State, or local laws
(including applicable regulations or court orders) or under the terms
of collective bargaining agreements, memoranda of understanding, or
other agreements between such employees and their employers.
(b) Graduation Rate.--A student who graduates from an early college
high school supported under this title in the standard number of years
for graduation described in the eligible entity's application shall be
considered to have graduated on time for purposes of section
1111(b)(2)(C)(6) of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6311(b)(2)(C)(6)).
TITLE III--SHARING WHAT WORKS IN MIDDLE GRADES
SEC. 301. 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 in the middle grades.
SEC. 302. 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 study and identify promising practices for the
improvement of middle grades education.
(2) Content of study.--The study described in paragraph (1)
shall identify promising practices currently being implemented
for the improvement of middle grades 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
Grades.--
(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 grades
education, and on factors that might lead to increased
effectiveness and enhanced innovation in middle grades
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 grades 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;
(E) how development and use of early warning
systems can reduce risk factors for dropping out of
school and low academic achievement; and
(F) identification of areas where further research
and evaluation may be needed on these topics to further
the development of effective middle grades 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 of Education Sciences to develop
a strand of field-initiated and scientifically valid research
designed to enhance performance of schools serving middle
grades students, and of middle grades students who are most at
risk of educational failure, which may be coordinated with the
regional educational laboratories established under section 174
of the Education Sciences Reform Act of 2002 (20 U.S.C. 9564),
institutions of higher education, agencies recognized for their
research work that has been published in peer-reviewed
journals, and organizations that have such regional educational
laboratories. 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 under section 133(c) of the Education
Sciences Reform Act of 2002 (20 U.S.C. 9533(c)), as of the date
of enactment of this Act, 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 reforms for low-performing middle
grades; and
(C) other topics pertinent to improving the
academic achievement of middle grades students.
(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 grades.
TITLE IV--DEFINITIONS
SEC. 401. DEFINITIONS.
Except as otherwise provided, in this Act:
(1) Bureau-funded school.--The term ``Bureau-funded
school'' has the meaning given such term in section 1146 of the
Education Amendments of 1978 (25 U.S.C. 2026).
(2) Charter management organization.--The term ``charter
management organization'' means a nonprofit organization that
operates or manages a charter school or other school by
centralizing or sharing certain functions and resources.
(3) Charter school.--The term ``charter school''--
(A) has the meaning given such term in section
5210(1) of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7221i(1)); and
(B) may include a charter school that provides
prekindergarten or adult education services.
(4) College enrollment rate.--The term ``college enrollment
rate'' means the rate at which students who are graduating from
secondary school in the same academic year enroll in an
institution of higher education in the same calendar year.
(5) Core courses.--The term ``core courses'' has the
meaning given the tern ``core academic subjects'' in section
9101(11) of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801(11)).
(6) Dual enrollment program.--The term ``dual enrollment
program'' means an academic program established in partnership
between a local educational agency and an institution of higher
education that enables a high school student to simultaneously
earn credit toward--
(A) a high school diploma; and
(B) a postsecondary degree or certificate.
(7) Early college high school.--The term ``early college
high school'' means a high school established in partnership
between a local educational agency and an institution of higher
education that provides a course of study that enables a
student to earn--
(A) a high school diploma; and
(B) an associate's degree or 1 to 2 years of
college credit toward a postsecondary degree or
credential.
(8) Early warning system.--
(A) In general.--The term ``Early Warning System''
means a data and intervention system, which is
maintained by a local educational agency, that
collects, analyzes, and reports student-level data in a
timely and ongoing basis to help schools in the local
educational agency identify and implement tiered
academic, social, and behavioral evidence-based
interventions, including differentiated instruction, in
order to ensure each middle school and high school
student served by the local educational agency is on
track to graduate and meet the student's postsecondary
education and career goals by--
(i) alerting schools in the local
educational agency when a student begins to
exhibit academic, social, or behavioral
indicators of increased risk for low academic
achievement, not graduating from secondary
school, or disciplinary actions;
(ii) alerting schools in the local
educational agency when a student has been
retained in a grade level, is an undercredited
student, is a late entrant English language
learner, has come into contact with the
juvenile justice system, has a dramatically
decreased attendance rate, or has significant
other barriers that limit successful high
school completion and academic achievement;
(iii) identifying appropriate evidence-
based interventions for individual students
under the intervention component described in
subparagraph (D) and carrying out such
interventions under such component; and
(iv) sharing the student-level data
collected, analyzed, and reported by such
system among high schools and their feeder
middle schools.
(B) Early warning data component.--
(i) In general.--The data component of an
Early Warning System is a data system that
carries out the activities described in
subparagraph (A) (with the exception of the
activities carried out under the intervention
component described in subparagraph (D)) by
collecting, analyzing, and reporting student-
level data (through software, automation,
manual analysis or other methods)--
(I) in a manner consistent with the
Family Educational Rights and Privacy
Act of 1974 (20 U.S.C. 1232g);
(II) in a format that is easily
accessible and useable by school staff
at the school level; and
(III) that is interoperable with
the longitudinal data system
established under section 14005(d)(3)
of the American Recovery and
Reinvestment Act of 2009 (Public Law
111-5) for the State educational agency
serving the local educational agency
that maintains such system.
(ii) Reporting.--The data component
described in clause (i) shall have the capacity
to report student-level data--
(I) with respect to individual
students;
(II) with respect to students in
the aggregate; and
(III) that is disaggregated by all
the demographic subgroups of students
described in section 1111(h)(1)(C)(i)
of the Elementary and Secondary
Education Act of 1965 (20 U.S.C.
6311(h)(1)(C)(i)), crosstabulated by
all categories.
(C) Student-level data.--For purposes of this
paragraph, the term ``student-level data'' means
longitudinal data with respect to individual students,
including all the demographic subgroups of students
described in section 1111(h)(1)(C)(i) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C.
6311(h)(1)(C)(i)), on--
(i) academic performance in core courses;
(ii) levels of achievement on State
academic assessments described in section
1111(b)(3) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6311(b)(3));
(iii) on-time and delayed promotion from
grade-to-grade;
(iv) college admissions test participation;
(v) completion of courses in which the
student is dually-enrolled, college-level
courses, college-preparatory courses, and
middle-school prerequisite courses;
(vi) graduation with a high school diploma
and reason for exiting other than earned high
school diploma;
(vii) behavioral indicators, including
attendance, office referrals, suspensions, and
expulsions;
(viii) college enrollment and postsecondary
persistence; and
(ix) other academic, social and behavioral
indicators as determined by the local
educational agency.
(D) Early warning intervention component.--
(i) In general.--The intervention component
of an Early Warning System is a comprehensive
system of evidence-based academic, social, and
behavioral services and supports for at-risk
students, including whole school reform
activities, targeted student interventions, and
intensive individual student interventions
described in clauses (ii), (iii), and (iv),
respectively, which shall be continually
evaluated by the local educational agency
maintaining the Early Warning System for their
effectiveness.
(ii) Whole school reform activities.--
(I) In general.--The term ``whole
school reform activities'' means
activities requiring the alignment of
instructional resources and behavioral
supports to specifically meet the
academic, social, and behavioral needs
of students, and implementation of
organizational change to ensure
academic success of at-risk students,
as informed by the analysis of data
available under the Early Warning
System.
(II) Activities.--Whole school
reform activities may include--
(aa) establishing
transition supports for
students moving from middle to
high school or from secondary
school to postsecondary school;
(bb) increasing
availability of college
preparatory or career and
technical instruction through
Advanced Placement courses,
International Baccalaureate
courses, dual enrollment, early
college high school
opportunities, or high quality
career and technical programs
as described in section 3 of
the Carl D. Perkins Career and
Technical Education Act of
2006;
(cc) extended learning
opportunities for students;
(dd) implementation of
positive behavior support
systems or multitier systems of
support;
(ee) quality professional
development to meet student
needs identified by the early
warning data; or
(ff) strategic use of time,
including common lesson
planning time, flexible school
periods, or block scheduling.
(iii) Targeted student interventions.--
Targeted student interventions are
interventions provided to small groups of
students on an ongoing basis that are adjusted
over time to meet student needs, such as--
(I) small group, instruction,
tutoring or counseling; or
(II) changes to learning
structures, such as teams of teachers
who work exclusively with small groups
of students.
(iv) Intensive individual student
interventions.--Intensive individual student
interventions are interventions matched to
individual student needs, including one-on-one
academic counseling and use of an individual
graduation plan to define, support and meet a
student's secondary and postsecondary education
goals. Such interventions may include--
(I) individual case management;
(II) individual instruction; or
(III) individual social and
emotional supports, including mental
health counseling.
(9) Educational service agency.--The term ``educational
service agency'' has the meaning given such term in section
9101(17) of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801(17)).
(10) Eligible entity.--The term ``eligible entity'' means--
(A) a local educational agency that serves at least
one--
(i) eligible middle school; and
(ii) eligible high school;
(B) a consortium of local educational agencies
described in subparagraph (A) that are located in rural
areas; or
(C) a partnership between--
(i) a consortium described in subparagraph
(B); and
(ii) an educational service agency.
(11) Eligible high school.--The term ``eligible high
school'' means a public school that--
(A) provides education in at least 2 successive
grades between 7th grade and 12th grade, inclusive, as
determined by State law; and
(B) had a graduation rate of 65 percent or less
during each of the 2 academic years before the date of
the enactment of this Act.
(12) Eligible middle school.--The term ``eligible middle
school'' means a public school that--
(A) provides education in at least 2 successive
grades between 5th grade and 8th grade, inclusive, as
determined by State law;
(B) is a feeder middle school for at least 1
eligible high school; and
(C) during each of the 2 academic years before the
date of the enactment of this Act--
(i) had more than 50 percent of the
students who completed such school enroll in an
eligible high school; and
(ii) was in a State's lowest quintile of
performance based on proficiency rates 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)) or had not made
adequate yearly progress (as defined section
1111(b)(2)) of such Act (20 U.S.C.
6311(b)(2)(C)).
(13) Feeder middle school.--The term ``feeder middle
school'' means a middle school where students enrolled in a
high school in the same local educational agency as such middle
school were enrolled prior to completing such middle school.
(14) Graduation rate.--The term ``graduation rate'' has the
meaning given such term in section 1111(b)(2)(C)(vi) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6311(b)(2)(C)(vi)), as clarified in section 200.19(b)(1) of
title 34, Code of Federal Regulations.
(15) Highly qualified.--The term ``highly qualified'' has
the meaning given such term in section 9101(23) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801(23)).
(16) Institution of higher education.--The term
``institution of higher education'' has the meaning given such
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
(17) Late entrant english language learner.--The term
``late entrant English language learner'' means a secondary
school student who--
(A) entered a school served by a local educational
agency at grade 7 or higher; and
(B) is identified by the agency as--
(i) being limited English proficient; and
(ii) having experienced interrupted formal
education.
(18) Local educational agency.--The term ``local
educational agency''--
(A) has the meaning given such term in section
9101(26) of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7801(26));
(B) includes any charter school that is a local
educational agency, as determined by State law; and
(C) includes each Bureau-funded school.
(19) Low-income student.--The term ``low-income student''
means a student described in section 1113(a)(5) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6313(a)(5)).
(20) Multitier system of support.--The term ``multitier
system of support'' means a comprehensive system of
differentiated supports that includes--
(A) evidence-based instruction;
(B) universal screening;
(C) progress monitoring;
(D) formative assessments;
(E) research-based interventions matched to student
needs; and
(F) educational decisionmaking using student
outcome data.
(21) Participating middle school.--The term ``participating
middle school'' means an eligible middle school that is--
(A) under the jurisdiction of an eligible entity
awarded a grant under title I; and
(B) that are being served by such grant.
(22) Participating high school.--The term ``participating
high school'' means an eligible high school that is--
(A) under the jurisdiction of an eligible entity
awarded a grant under title I; and
(B) that are being served by such grant.
(23) Positive behavior supports.--The term ``positive
behavior supports'' means a systematic approach to embed
evidence-based practices and data-driven decisionmaking to
improve school climate and culture, including a range of
systemic and individualized strategies to reinforce desired
behaviors and diminish reoccurrence of problem behaviors, in
order to achieve improved academic and social outcomes and
increase learning for all students, including those with the
most complex and intensive behavioral needs.
(24) Postsecondary persistence rate.--The term
``postsecondary persistence rate'' means the rate at which
students who graduated from secondary school in the same
academic year enroll in an institution of higher education and
complete 1 academic year of credit at such institution, as
determined by such institution.
(25) Secondary school reform organization.--The term
``secondary school reform organization'' means a nonprofit
organization, such as a community-based organization, charter
management organization, educational service agency, education
management organization, or institution of higher education,
with--
(A) expertise in analyzing school performance data;
and
(B) a demonstrated record of success in improving
student achievement, graduation rates, college
enrollment, or restructuring low-performing middle
schools or high schools.
(26) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(27) Specialized instructional support personnel.--The term
``specialized instructional support personnel'' means school
counselors, school social workers, school psychologists, and
other qualified professional personnel involved in providing
assessment, diagnosis, counseling, educational, therapeutic,
and other services (including related services as that term is
defined in section 602 of the Individuals with Disabilities
Education Act) as part of a comprehensive program to meet
student needs.
(28) Specialized instructional support services.--The term
``specialized instructional support services'' means the
services provided by specialized instructional support
personnel.
(29) State.--The term ``State'' has the meaning given such
term in section 9101 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7801).
(30) State educational agency.--The term ``State
educational agency'' has the meaning given such term in section
9101(41) Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801(41)).
(31) Subject matter expertise.--The term ``subject matter
expertise'' means demonstrating competence in each of the
academic subjects in which a teacher provides instruction as
the teacher of record, whether or not the teacher is new to the
profession, by meeting the requirements described in subclause
(I) or (II) of section 9101(23)(B)(ii) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801(23)(B)(ii)(I);
(23)(B)(ii)(II)).
(32) Underccredited student.--The term ``undercredited
student'' means a secondary school student who lacks either the
necessary credits or courses, as determined by the applicable
local educational agency and State agency, to graduate from
secondary school with a regular diploma in the standard number
of years.
<all>