[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1231 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 1231

  To create or adopt, and implement, rigorous and voluntary American 
    education content standards in mathematics and science covering 
kindergarten through grade 12, to provide for the assessment of student 
proficiency benchmarked against such standards, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 10, 2009

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

_______________________________________________________________________

                                 A BILL


 
  To create or adopt, and implement, rigorous and voluntary American 
    education content standards in mathematics and science covering 
kindergarten through grade 12, to provide for the assessment of student 
proficiency benchmarked against such standards, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Standards to 
Provide Educational Achievement for Kids Act'' or the ``SPEAK Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Assessing science in the National Assessment of Educational 
                            Progress.
Sec. 4. Definitions.
Sec. 5. Voluntary American education content standards; American 
                            Standards Incentive Fund.
Sec. 6. Authorization of appropriations.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Throughout the years, educators and policymakers have 
        consistently embraced standards as the mechanism to ensure that 
        every student, no matter what school the student attends, 
        masters the skills and develops the knowledge needed to 
        participate in a global economy.
            (2) Recent international comparisons make clear that 
        students in the United States have significant shortcomings in 
        mathematics and science, yet a high level of scientific and 
        mathematics literacy is essential to societal innovations and 
        advancements.
            (3) With more than 50 different sets of academic content 
        standards, 50 State academic assessments, and 50 definitions of 
        proficiency under section 1111(b) of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 6311(b)), there is 
        great variability in the measures, standards, and benchmarks 
        for academic achievement in mathematics and science.
            (4) Variation in State standards and the accompanying 
        measures of proficiency make it difficult for parents and 
        teachers to meaningfully gauge how well their children are 
        learning mathematics and science in comparison to their peers 
        internationally or here at home.
            (5) The disparity in the rigor of standards across States 
        yields test results that tell the public little about how 
        schools are performing and progressing, as States with low 
        standards or low proficiency requirements may appear to be 
        doing much better than States with more rigorous standards or 
        higher requirements for proficiency.
            (6) As a result, the United States highly mobile student-
        aged population moves through the Nation's schools gaining 
        widely varying levels of knowledge, skills, and preparedness.
            (7) In order for the United States to compete in a global 
        economy, the country needs to strengthen its educational 
        expectations for all children.
            (8) To compete, the people of the United States must 
        compare themselves against international benchmarks.
            (9) Grounded in a real world analysis and international 
        comparisons of what students need to succeed in work and 
        college, rigorous and voluntary core American education content 
        standards will keep the United States economically competitive 
        and ensure that the children of the United States are given the 
        same opportunity to learn to a high standard no matter where 
        they reside.
            (10) Rigorous and voluntary core American education content 
        standards in mathematics and science will enable students to 
        succeed in academic settings across States while ensuring an 
        American edge in the global marketplace.

SEC. 3. ASSESSING SCIENCE IN THE NATIONAL ASSESSMENT OF EDUCATIONAL 
              PROGRESS.

    (a) National Assessment of Educational Progress Authorization 
Act.--Section 303 of the National Assessment of Educational Progress 
Authorization Act (20 U.S.C. 9622) is amended--
            (1) in subsection (a), by striking ``, State assessments,'' 
        and inserting ``and State assessments in reading, mathematics, 
        and science'';
            (2) in subsection (b)--
                    (A) in paragraph (1), by inserting ``science,'' 
                after ``mathematics,'';
                    (B) in paragraph (2)--
                            (i) in subparagraph (B), by striking 
                        ``reading and mathematics'' and inserting 
                        ``reading, mathematics, and science'';
                            (ii) in subparagraph (C), by striking 
                        ``reading and mathematics'' and inserting 
                        ``reading, mathematics, and science'';
                            (iii) in subparagraph (D), by striking 
                        ``science,''; and
                            (iv) in subparagraph (E), by striking 
                        ``reading and mathematics'' and inserting 
                        ``reading, mathematics, and science'';
                    (C) in paragraph (3)--
                            (i) in subparagraph (A), by striking 
                        ``reading and mathematics'' each place the term 
                        occurs and inserting ``reading, mathematics, 
                        and science''; and
                            (ii) in subparagraph (C)(ii), by striking 
                        ``reading and mathematics'' and inserting 
                        ``reading, mathematics, and science''; and
                    (D) in paragraph (4)(B), by striking ``, require, 
                or influence'' and inserting ``or require'';
            (3) in subsection (d)(3), by striking ``reading and 
        mathematics'' each place the term occurs and inserting 
        ``reading, mathematics, and science''; and
            (4) in subsection (f)(1)(B)(v), by striking ``and 
        mathematical knowledge'' and inserting ``, mathematical 
        knowledge, and science knowledge''.
    (b) Elementary and Secondary Education Act of 1965.--Subpart 1 of 
part A of title I of the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 6311 et seq.) is amended--
            (1) in section 1111(c)(2) (20 U.S.C. 6311(c)(2))--
                    (A) by inserting ``(and, for science, beginning 
                with the 2010-2011 school year)'' after ``2002-2003''; 
                and
                    (B) by striking ``reading and mathematics'' and 
                inserting ``reading, mathematics, and science''; and
            (2) in section 1112(b)(1)(F) (20 U.S.C. 6312(b)(1)(F)), by 
        striking ``reading and mathematics'' and inserting ``reading, 
        mathematics, and science''.

SEC. 4. DEFINITIONS.

    Section 304 of the National Assessment of Educational Progress 
Authorization Act (20 U.S.C. 9623) is amended--
            (1) in the matter preceding paragraph (1), by striking ``In 
        this title:'' and inserting ``Except as otherwise provided, in 
        this title:'';
            (2) by redesignating paragraph (2) as paragraph (3); and
            (3) by inserting after paragraph (1) the following:
            ``(2) Secretary.--The term `Secretary' means the Secretary 
        of Education.''.

SEC. 5. VOLUNTARY AMERICAN EDUCATION CONTENT STANDARDS; AMERICAN 
              STANDARDS INCENTIVE FUND.

    The National Assessment of Educational Progress Authorization Act 
(20 U.S.C. 9621 et seq.) is amended--
            (1) by redesignating sections 304 (as amended by section 4) 
        and 305 as sections 306 and 307, respectively; and
            (2) by inserting after section 303 the following:

``SEC. 304. CREATION OR ADOPTION OF VOLUNTARY AMERICAN EDUCATION 
              CONTENT STANDARDS.

    ``(a) In General.--Not later than 3 years after the date of 
enactment of the Standards to Provide Educational Achievement for Kids 
Act and from amounts appropriated under section 307(a)(3) for a fiscal 
year, the Assessment Board shall create or adopt voluntary American 
education content standards in mathematics and science covering 
kindergarten through grade 12.
    ``(b) Duties.--The Assessment Board shall implement subsection (a) 
by carrying out the following duties:
            ``(1) Create or adopt voluntary American education content 
        standards for mathematics and science covering kindergarten 
        through grade 12 that reflect a common core of what students in 
        the United States should know and be able to do to compete in a 
        global economy.
            ``(2) Anchor the voluntary American education content 
        standards based on the mathematics and science frameworks and 
        the achievement levels under section 303(e) of the National 
        Assessment of Educational Progress for grades 4, 8, and 12.
            ``(3) Ensure that the voluntary American education content 
        standards reflect international standards of excellence and the 
        latest developments in the fields of mathematics and science.
            ``(4) Review existing standards in mathematics and science 
        developed by professional organizations.
            ``(5) Review State standards in mathematics and science as 
        of the date of enactment of the Standards to Provide 
        Educational Achievement for Kids Act and consult and work with 
        entities that are developing, or have already developed, such 
        State standards.
            ``(6) Review the reports, views, and analyses of a broad 
        spectrum of experts, including classroom educators, and of the 
        public, as such reports, views, and analyses relate to 
        mathematics and science education, including--
                    ``(A) reviews of blue ribbon reports;
                    ``(B) exemplary practices in the field; and
                    ``(C) recent reports by government agencies and 
                professional organizations.
            ``(7) Review scientifically rigorous studies that examine 
        the relationship between--
                    ``(A) the sequences of secondary school-level 
                mathematics and science courses; and
                    ``(B) student achievement.
            ``(8) Ensure that steps are taken in the development of the 
        voluntary American education content standards to recognize the 
        needs of students who receive special education and related 
        services under the Individuals with Disabilities Education Act 
        (20 U.S.C. 1400 et seq.) and of students who are limited 
        English proficient (as defined in section 9101 of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7801)).
            ``(9) Solicit input from State and local representative 
        organizations, mathematics and science organizations (including 
        mathematics and science teacher organizations), institutions of 
        higher education, higher education organizations, business 
        organizations, and other appropriate organizations.
            ``(10) Ensure that the voluntary American education content 
        standards reflect what students will be required to know and be 
        able to do after secondary school graduation to be academically 
        qualified to enter an institution of higher education or 
        training for the civilian or military workforce.
            ``(11) Widely disseminate the voluntary American education 
        content standards for public review and comment before final 
        adoption.
            ``(12) Provide for continuing review of the voluntary 
        American education content standards not less often than once 
        every 10 years, which review--
                    ``(A) shall solicit input from organizations and 
                entities, including--
                            ``(i) 1 or more professional mathematics or 
                        science organizations, including mathematics or 
                        science educator organizations;
                            ``(ii) the State educational agencies that 
                        have received American Standards Incentive Fund 
                        grants under section 305 during the period 
                        covered by the review; and
                            ``(iii) other organizations and entities, 
                        as determined appropriate by the Assessment 
                        Board; and
                    ``(B) shall address issues including--
                            ``(i) whether the voluntary American 
                        education content standards continue to reflect 
                        international standards of excellence and the 
                        latest developments in the fields of 
                        mathematics and science; and
                            ``(ii) whether the voluntary American 
                        education content standards continue to reflect 
                        what students are required to know and be able 
                        to do in science and mathematics after 
                        graduation from secondary school to be 
                        academically qualified to enter an institution 
                        of higher education or training for the 
                        civilian or military workforce, as of the date 
                        of the review.

``SEC. 305. THE AMERICAN STANDARDS INCENTIVE FUND.

    ``(a) Definitions.--In this section:
            ``(1) In general.--The terms `elementary school', `local 
        educational agency', `professional development', `secondary 
        school', `State', and `State educational agency' have the 
        meanings given the terms in section 9101 of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 7801).
            ``(2) Academic content standards.--The term `academic 
        content standards' means the challenging academic content 
        standards described in section 1111(b)(1) of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 6311(b)(1)).
            ``(3) Levels of achievement.--The term `levels of 
        achievement' means the State levels of achievement under 
        subclauses (II) and (III) of section 1111(b)(1)(D)(ii) of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        6311(b)(1)(D)(ii) (II), (III)).
            ``(4) State academic assessments.--The term `State academic 
        assessments' means the academic assessments for a State 
        described in section 1111(b)(3) of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 6311(b)(3)).
    ``(b) Establishment of Fund.--From amounts appropriated under 
section 307(a)(4) for a fiscal year, the Secretary shall establish and 
fund the American Standards Incentive Fund to carry out the grant 
program under subsection (c).
    ``(c) Incentive Grant Program Authorized.--
            ``(1) In general.--Not later than 12 months after the 
        Assessment Board adopts the voluntary American education 
        content standards under section 304, the Secretary shall use 
        amounts available from the American Standards Incentive Fund to 
        award, on a competitive basis, grants to State educational 
        agencies to enable each State educational agency to adopt the 
        voluntary American education content standards in mathematics 
        and science as the core of the State's academic content 
        standards in mathematics and science by carrying out the 
        activities described in subsection (f).
            ``(2) Duration and amount.--A grant under this subsection 
        shall be awarded--
                    ``(A) for a period of not more than 4 years; and
                    ``(B) in an amount that is not more than $4,000,000 
                over the period of the grant.
            ``(3) SEA collaboration permitted.--A State educational 
        agency receiving a grant under this subsection may collaborate 
        with another State educational agency receiving a grant under 
        this subsection in carrying out the activities described in 
        subsection (f).
    ``(d) Core Standards.--A State educational agency receiving a grant 
under subsection (c) shall adopt and use the voluntary American 
education content standards in mathematics and science as the core of 
the State academic content standards in mathematics and science. The 
State educational agency may add additional standards to the voluntary 
American education content standards as part of the State academic 
content standards in mathematics and science.
    ``(e) State Application.--A State educational agency desiring to 
receive a grant under subsection (c) 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 include--
            ``(1) timelines for carrying out each of the activities 
        described in subsection (f)(1); and
            ``(2) a description of the activities that the State 
        educational agency will undertake to implement the voluntary 
        American education content standards in mathematics and science 
        adopted under section 304, and the achievement levels in 
        mathematics and science developed under section 303(e) for the 
        national and State assessments of the National Assessment of 
        Educational Progress, at both the State educational agency and 
        local educational agency levels, including any additional 
        activities described in subsection (f)(2).
    ``(f) Use of Funds.--
            ``(1) Mandatory activities.--A State educational agency 
        receiving a grant under subsection (c) shall use grant funds to 
        carry out all of the following:
                    ``(A) Adopt the voluntary American education 
                content standards in mathematics and science as the 
                core of the State's academic content standards in 
                mathematics and science not later than 2 years after 
                the receipt of a grant under subsection (c).
                    ``(B) Align the teacher certification or licensure, 
                pre-service, and professional development requirements 
                of the State to the voluntary American education 
                content standards in mathematics and science not later 
                than 3 years after the receipt of the grant.
                    ``(C) Align the State academic assessments in 
                mathematics and science (or develop new such State 
                academic assessments that are aligned) with the 
                voluntary American education content standards in 
                mathematics and science not later than 4 years after 
                the receipt of the grant.
                    ``(D) Align the State levels of achievement in 
                mathematics and science with the student achievement 
                levels in mathematics and science developed under 
                section 303(e) for the national and State assessments 
                of the National Assessment of Educational Progress not 
                later than 4 years after the receipt of the grant.
                    ``(E) Develop dissemination, technical assistance, 
                and professional development activities for the purpose 
                of educating local educational agencies and schools on 
                what the standards adopted by the State educational 
                agency under this section are and how the standards can 
                be incorporated into classroom instruction.
            ``(2) Permissive activities.--A State educational agency 
        receiving a grant under subsection (c) may use the grant funds 
        to carry out, at the local educational agency or State 
        educational agency level, any of the following activities:
                    ``(A) Developing curricula and instructional 
                materials in mathematics or science that are aligned 
                with the voluntary American education content standards 
                in mathematics and science.
                    ``(B) Conducting other activities needed for the 
                implementation of the voluntary American education 
                content standards in mathematics and science.
            ``(3) Priority.--In awarding grants under subsection (c), 
        the Secretary shall give priority to a State educational agency 
        that will use the grant funds to carry out subparagraph (A) of 
        paragraph (2).
    ``(g) Award Basis.--In determining the amount of a grant under 
subsection (c), the Secretary shall take into consideration--
            ``(1) the extent to which a State's academic content 
        standards, State academic assessments, levels of achievement in 
        mathematics and science, and teacher certification or 
        licensure, pre-service, and professional development 
        requirements, must be revised to align such State standards, 
        assessments, levels, and teacher requirements with the 
        voluntary American education content standards created or 
        adopted under section 304 and the achievement levels in 
        mathematics and science developed under section 303(e); and
            ``(2) the planned activities described in the application 
        submitted under subsection (e).
    ``(h) Annual State Educational Agency Reports.--A State educational 
agency receiving a grant under subsection (c) shall submit an annual 
report to the Secretary demonstrating the State educational agency's 
progress in meeting the timelines described in the application under 
subsection (e)(1).
    ``(i) Grants for DoD and BIA Schools.--
            ``(1) Department of defense schools.--From amounts 
        available from the American Standards Incentive Fund, the 
        Secretary, upon application by the Secretary of Defense, may 
        award grants under subsection (c) to the Secretary of Defense 
        on behalf of elementary schools and secondary schools operated 
        by the Department of Defense to enable the Secretary of Defense 
        to carry out activities similar to the activities described in 
        subsection (f) for the elementary schools and secondary schools 
        operated by the Department of Defense.
            ``(2) Bureau of indian affairs schools.--From amounts 
        available from the American Standards Incentive Fund, the 
        Secretary, in consultation with the Secretary of the Interior, 
        may award grants under subsection (c) to the Bureau of Indian 
        Affairs on behalf of elementary schools and secondary schools 
        operated or funded by the Department of the Interior to enable 
        the Director of the Bureau of Indian Affairs to carry out 
        activities similar to the activities described in subsection 
        (f) for the elementary schools and secondary schools operated 
        or funded by the Department of the Interior.
    ``(j) Study.--Not later than 2 years after the completion of the 
first 4-year grant cycle for grants under this section, the 
Commissioner for Education Statistics shall carry out a study comparing 
the gap between the reported proficiency on State academic assessments 
and assessments under section 303 for State educational agencies 
receiving grants under subsection (c), before and after the State 
adopts the voluntary American education content standards in 
mathematics and science as the core of the State education content 
standards in mathematics and science. The study shall--
            ``(1) include an analysis of, for each State receiving a 
        grant under subsection (c) and for the United States, the gaps 
        in reported proficiency in mathematics and in science before 
        and after the adoption of the voluntary American education 
        content standards, for each grade of students subject to the 
        assessments under section 303; and
            ``(2) further disaggregate the information described in 
        paragraph (1) by the race, ethnicity, gender, disability 
        status, migrant status, English proficiency, and economically 
        disadvantaged status of the students, 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.
    ``(k) Data Grants.--
            ``(1) Program authorized.--
                    ``(A) In general.--From amounts appropriated under 
                section 307(a)(4), the Secretary shall award, to each 
                State educational agency that meets the requirements of 
                paragraph (3), a grant to enhance statewide student 
                level longitudinal data systems as those systems relate 
                to the requirements of part A of title I of the 
                Elementary and Secondary Education Act of 1965 (20 
                U.S.C. 6311 et seq.).
                    ``(B) Data audit system.--The State, through the 
                implementation of such enhanced data system, shall--
                            ``(i) ensure that the State has in place a 
                        State data audit system to assess data quality, 
                        validity, and reliability; and
                            ``(ii) provide guidance, technical 
                        assistance, and professional development to 
                        local educational agencies to ensure local 
                        education officials and educators have the 
                        tools, knowledge, and protocol necessary to use 
                        the enhanced data system properly, ensure the 
                        integrity of the data, and be able to use the 
                        data to inform education policy and practice.
            ``(2) Amount of grant.--A grant awarded to a State 
        educational agency under this subsection shall be in an amount 
        equal to 5 percent of the amount allocated to the State under 
        section 1122 of the Elementary and Secondary Education Act of 
        1965 (20 U.S.C. 6332). If the amounts available from the 
        American Standards Incentive Fund are insufficient to pay the 
        full amounts of grants under this paragraph to all State 
        educational agencies that receive a grant under this 
        subsection, then the Secretary shall ratably reduce the amount 
        of all grants under this subsection.
            ``(3) Requirements.--In order to receive a grant under this 
        subsection, a State educational agency shall--
                    ``(A) have received a grant under subsection (c); 
                and
                    ``(B) successfully demonstrate to the Secretary 
                that the State has aligned--
                            ``(i) the State's academic content 
                        standards and State academic assessments in 
                        mathematics and science, and the State's 
                        teacher certification or licensure, pre-
                        service, and professional development 
                        requirements, with the voluntary American 
                        education content standards in mathematics and 
                        science; and
                            ``(ii) the State levels of achievement in 
                        mathematics and science for grades 4, 8, and 
                        12, with the achievement levels in mathematics 
                        and science developed under section 303(e) for 
                        such grades.
            ``(4) Nature of grant.--A grant under this subsection to a 
        State educational agency shall be in addition to any grant 
        awarded to the State educational agency under subsection (c).
            ``(5) Limit on number of grants.--In no case shall a State 
        educational agency receive more than 1 grant under this 
        subsection.
    ``(l) Reports to Congress.--Not later than 2 years after the date 
of enactment of the Standards to Provide Educational Achievement for 
Kids Act, and every 2 years thereafter, the Secretary shall report to 
Congress regarding the status of all grants awarded under this section.
    ``(m) Rule of Construction.--Nothing in this section shall be 
construed to establish a preferred national curriculum or preferred 
teaching methodology for elementary school or secondary school 
instruction.
    ``(n) Timeline Extension.--The Secretary may extend the 12-year 
requirement under section 1111(b)(2)(F) of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6311(b)(2)(F)) by not less than 2 
years and by not more than 4 years for a State served by a State 
educational agency that receives grants under subsections (c) and 
(k).''.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    Section 307(a) of the National Assessment of Educational Progress 
Authorization Act (as redesignated by section 5(1)) (20 U.S.C. 9624(a)) 
is amended to read as follows:
    ``(a) In General.--There are authorized to be appropriated--
            ``(1) to carry out section 302, $8,750,000 for fiscal year 
        2010 and such sums as may be necessary for each succeeding 
        fiscal year;
            ``(2) to carry out section 303, $200,000,000 for fiscal 
        year 2010 and such sums as may be necessary for each succeeding 
        fiscal year;
            ``(3) to carry out section 304, $3,000,000 for fiscal year 
        2010 and such sums as may be necessary for each succeeding 
        fiscal year; and
            ``(4) to carry out section 305, $400,000,000 for fiscal 
        year 2010 and such sums as may be necessary for each succeeding 
        fiscal year.''.
                                 <all>