[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1362 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 1362

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 25, 2009

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

_______________________________________________________________________

                                 A BILL


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

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Success in the Middle Act of 2009''.

SEC. 2. FINDINGS.

    In this Act:
            (1) International comparisons indicate that students in the 
        United States do not start out behind students of other nations 
        in mathematics and science, but that they fall behind by the 
        end of the middle grades.
            (2) Only \1/3\ of eighth grade students in the United 
        States, and only 4 percent of such students who are English 
        language learners, can read with proficiency, according to the 
        2007 National Assessment on Educational Progress (NAEP). The 
        percentage of eighth grade students proficient at reading has 
        not increased since 1998, and the NAEP average reading score 
        for eighth grade students has remained static. In contrast, 
        NAEP reading scores and achievement levels for fourth grade 
        students have increased significantly.
            (3) In mathematics, less than \1/3\ of students in eighth 
        grade show skills at the NAEP proficient level, and nearly 30 
        percent score below the basic level. The percentage of eighth 
        grade students scoring above the basic level was 8 points 
        higher in 2007 than in 2000, but for fourth grade students, the 
        percentage increased 17 points, more than double the increase 
        for middle grades students. In eighth grade, the gaps between 
        the average mathematics scores of white and black students and 
        between white and Hispanic students were as wide in 2007 as in 
        1990.
            (4) Fewer than 2 in 10 of the students who graduated from 
        high school in 2005 or 2006 met, as eighth graders, all 4 of 
        ACT's EXPLORE College Readiness Benchmarks, the minimum level 
        of achievement that ACT has shown is necessary if students are 
        to be college- and career-ready upon their high school 
        graduation.
            (5) Lack of basic skills at the end of middle 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 not progressing are at significant 
        risk of dropping out of high school.
            (6) Middle grades students are hopeful about their future, 
        with 93 percent believing that they will complete high school 
        and 92 percent anticipating that they will attend college.
            (7) Sixth grade students who do not attend school 
        regularly, who are subjected to frequent disciplinary actions, 
        or who fail mathematics or English have less than a 15 percent 
        chance of graduating high school on time and a 20 percent 
        chance of graduating 1 year late. Without effective 
        interventions and proper supports, these students are at risk 
        of subsequent failure in high school, or of dropping out.
            (8) Student transitions from elementary school to the 
        middle grades and to high school are often complicated by poor 
        curriculum alignment, inadequate counseling services, and 
        unsatisfactory sharing of student performance and academic 
        achievement data between grades.
            (9) According to ACT, the level of academic achievement 
        that students attain by eighth grade has a larger impact on the 
        students' college and career readiness upon graduation from 
        high school than anything that happens academically in high 
        school.
            (10) Middle schools are almost twice as likely as 
        elementary schools to be identified for improvement, corrective 
        action, or restructuring (22 percent as compared to 13 percent) 
        under section 1116 of the Elementary and Secondary Education 
        Act of 1965 (20 U.S.C. 63116).
            (11) Middle grades improvement strategies should be 
        tailored based on a variety of performance indicators and data, 
        so that educators can create and implement successful school 
        improvement strategies to address the needs of the middle 
        grades, and so that teachers can provide effective instruction 
        and adequate assistance to meet the needs of at-risk students.
            (12) To stem a dropout rate nearly twice that of students 
        without disabilities, students with disabilities in the 
        critical middle grades must receive appropriate academic 
        accommodations and access to assistive technology, high-risk 
        behaviors such as absenteeism and course failure must be 
        monitored, and problem-solving skills with broad application 
        must be taught.
            (13) Local educational agencies and State educational 
        agencies often do not have the capacity to provide support for 
        school improvement strategies. Successful models do exist for 
        turning around low-performing middle grades, and Federal 
        support should be provided to increase the capacity to apply 
        promising practices based on evidence from successful schools.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) ESEA definitions.--The terms ``elementary school'', 
        ``local educational agency'', ``secondary school'', 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) Eligible entity.--The term ``eligible entity'' means a 
        partnership that includes--
                    (A) not less than 1 eligible local educational 
                agency; and
                    (B)(i) an institution of higher education;
                    (ii) an educational service agency (as defined in 
                section 9101 of the Elementary and Secondary Education 
                Act of 1965 (20 U.S.C. 7801)); or
                    (iii) a nonprofit organization with demonstrated 
                expertise in high quality middle grades intervention.
            (3) Eligible local educational agency.--The term ``eligible 
        local educational agency'' means a local educational agency 
        that serves not less than 1 eligible school.
            (4) Eligible school.--The term ``eligible school'' means an 
        elementary or secondary school that contains not less than 2 or 
        more successive grades beginning with grade 5 and ending with 
        grade 8 and for which--
                    (A) a high proportion of the middle grades students 
                attending such school go on to attend a high school 
                with a graduation rate of less than 65 percent;
                    (B) more than 25 percent of the students who finish 
                grade 6 at such school, or the earliest middle grade 
                level at the school, exhibit 1 or more of the key risk 
                factors and early risk identification signs, 
                including--
                            (i) student attendance below 90 percent;
                            (ii) a failing grade in a mathematics or 
                        reading or language arts course;
                            (iii) 2 failing grades in any courses; and
                            (iv) out-of-school suspension or other 
                        evidence of at-risk behavior; or
                    (C) more than 50 percent of the middle grades 
                students attending such school do not perform at a 
                proficient level on State student academic assessments 
                required under section 1111(b)(3) of the Elementary and 
                Secondary Education Act of 1965 (20 U.S.C. 6311(b)(3)) 
                in mathematics or reading or language arts.
            (5) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given the 
        term in section 101 of the Higher Education Act of 1965 (20 
        U.S.C. 1001).
            (6) Middle grades.--The term ``middle grades'' means any of 
        grades 5 through 8.
            (7) Scientifically valid.--The term ``scientifically 
        valid'' means the rationale, design, and interpretation are 
        soundly developed in accordance with accepted principles of 
        scientific research.
            (8) Secretary.--The term ``Secretary'' means the Secretary 
        of Education.
            (9) State.--The term ``State'' means each of the 50 States, 
        the District of Columbia, and the Commonwealth of Puerto Rico.
            (10) Student with a disability.--The term ``student with a 
        disability'' means a student who is a child with a disability, 
        as defined in section 602 of the Individuals with Disabilities 
        Education Act (20 U.S.C. 1401).

                   TITLE I--MIDDLE GRADES IMPROVEMENT

SEC. 101. PURPOSES.

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

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

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

SEC. 103. STATE PLAN; AUTHORIZED ACTIVITIES.

    (a) Mandatory Activities.--
            (1) In general.--A State educational agency that receives a 
        grant under this title shall use the grant funds--
                    (A) to prepare and implement the needs analysis and 
                middle grades improvement plan, as described in 
                paragraphs (3) and (4), of such agency;
                    (B) to make subgrants to eligible local educational 
                agencies or eligible entities under section 104; and
                    (C) to assist eligible local educational agencies 
                and eligible entities, when determined necessary by the 
                State educational agency or at the request of an 
                eligible local educational agency or eligible entity, 
                in designing a comprehensive schoolwide improvement 
                plan and carrying out the activities under section 104.
            (2) Funds for subgrants.--A State educational agency that 
        receives a grant under this title shall use not less than 80 
        percent of the grant funds to make subgrants to eligible local 
        educational agencies or eligible entities under section 104.
            (3) Middle grades needs analysis.--
                    (A) In general.--A State educational agency that 
                receives a grant under this title shall enter into a 
                contract, or similar formal agreement, to work with 
                entities such as national and regional comprehensive 
                centers (as described in section 203 of the Educational 
                Technical Assistance Act of 2002 (20 U.S.C. 9602)), 
                institutions of higher education, or nonprofit 
                organizations with demonstrated expertise in high-
                quality middle grades reform, to prepare a plan that 
                analyzes how to strengthen the programs, practices, and 
                policies of the State in supporting students in the 
                middle grades, including the factors, such as local 
                implementation, that influence variation in the 
                effectiveness of such programs, practices, and 
                policies.
                    (B) Preparation of plan.--In preparing the plan 
                under subparagraph (A), the State educational agency 
                shall examine policies and practices of the State, and 
                of local educational agencies within the State, 
                affecting--
                            (i) middle grades curriculum instruction 
                        and assessment;
                            (ii) education accountability and data 
                        systems;
                            (iii) teacher quality and equitable 
                        distribution; and
                            (iv) interventions that support learning in 
                        school.
            (4) Middle grades improvement plan.--
                    (A) In general.--A State educational agency that 
                receives a grant under this title shall develop a 
                middle grades improvement plan that--
                            (i) shall be a statewide plan to improve 
                        student academic achievement in the middle 
                        grades, based on the needs analysis described 
                        in paragraph (3); and
                            (ii) describes what students are required 
                        to know and do to successfully--
                                    (I) complete the middle grades; and
                                    (II) make the transition to succeed 
                                in academically rigorous high school 
                                coursework that prepares students for 
                                college, independent living, and 
                                employment.
                    (B) Plan components.--A middle grades improvement 
                plan described in subparagraph (A) shall also describe 
                how the State educational agency will do each of the 
                following:
                            (i)(I) Ensure that the curricula and 
                        assessments for middle grades education are 
                        aligned with high school curricula and 
                        assessments and prepare students to take 
                        challenging high school courses and 
                        successfully engage in postsecondary education; 
                        and
                            (II) ensure coordination, where applicable, 
                        with the activities carried out through grants 
                        for P-16 education alignment under section 
                        6401(c)(1) of the America COMPETES Act (20 
                        U.S.C. 9871(c)(1)).
                            (ii) Ensure that professional development 
                        is provided to school leaders, teachers, and 
                        other school personnel in--
                                    (I) addressing the needs of diverse 
                                learners, including students with 
                                disabilities and English language 
                                learners;
                                    (II) using challenging and relevant 
                                research-based best practices and 
                                curricula; and
                                    (III) using data to inform 
                                instruction.
                            (iii) Identify and disseminate information 
                        on effective schools and instructional 
                        strategies for middle grades students based on 
                        high-quality research.
                            (iv) Include specific provisions for 
                        students most at risk of not graduating from 
                        secondary school, including English language 
                        learners and students with disabilities.
                            (v) Provide technical assistance to 
                        eligible entities to develop and implement 
                        their early warning indicator and intervention 
                        systems, as described in section 104(d)(2)(D).
                            (vi) Define a set of comprehensive school 
                        performance indicators that shall be used, in 
                        addition to the indicators used to determine 
                        adequate yearly progress, as defined in section 
                        1111(b)(2)(C) of the Elementary and Secondary 
                        Education Act of 1965 (20 U.S.C. 
                        6311(b)(2)(C)), to evaluate school performance, 
                        and guide the school improvement process, such 
                        as--
                                    (I) student attendance and 
                                absenteeism;
                                    (II) earned on-time promotion rates 
                                from grade to grade;
                                    (III) percentage of students 
                                failing a mathematics, reading or 
                                language arts, or science course, or 
                                failing 2 or more of any courses;
                                    (IV) teacher quality and attendance 
                                measures;
                                    (V) in-school and out-of-school 
                                suspension or other measurable evidence 
                                of at-risk behavior; and
                                    (VI) additional indicators proposed 
                                by the State educational agency, and 
                                approved by the Secretary pursuant to 
                                the peer-review process described in 
                                section 102(g).
                            (vii) Ensure that such plan is coordinated 
                        with State activities to turn around other 
                        schools in need of improvement, including State 
                        activities to improve high schools and 
                        elementary schools.
    (b) Permissible Activities.--A State educational agency that 
receives a grant under this title may use the grant funds to--
            (1) develop and encourage collaborations among researchers 
        at institutions of higher education, State educational 
        agencies, educational service agencies (as defined in section 
        9101 of the Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 7801)), local educational agencies, and nonprofit 
        organizations with demonstrated expertise in high quality 
        middle grades interventions, to expand the use of effective 
        practices in the middle grades and to improve middle grades 
        education;
            (2) support local educational agencies in implementing 
        effective middle grades practices, models, and programs that--
                    (A) are evidence-based or, when available, 
                scientifically valid; and
                    (B) lead to improved student academic achievement;
            (3) support collaborative communities of middle grades 
        teachers, administrators, and researchers in creating and 
        sustaining informational databases to disseminate results from 
        rigorous research on effective practices and programs for 
        middle grades education; and
            (4) increase middle grades student support services, such 
        as school counseling on the transition to high school and 
        planning for entry into postsecondary education and the 
        workforce.

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

    (a) In General.--A State educational agency that receives a grant 
under this title shall make competitive subgrants to eligible local 
educational agencies and eligible entities to enable the eligible local 
educational agencies and eligible entities to improve low-performing 
middle grades in schools served by the agencies or entities.
    (b) Priorities.--In making subgrants under subsection (a), a State 
educational agency shall give priority to eligible local educational 
agencies or eligible entities based on--
            (1) the respective populations of children described in 
        section 102(c)(1) served by the eligible local educational 
        agencies participating in the subgrant application process; and
            (2) the respective populations of children served by the 
        participating eligible local educational agencies who attend 
        eligible schools.
    (c) Application.--An eligible local educational agency or eligible 
entity that desires to receive a subgrant under subsection (a) shall 
submit an application to the State educational agency at such time, in 
such manner, and accompanied by such information as the State 
educational agency may reasonably require, including--
            (1) a comprehensive schoolwide improvement plan described 
        in subsection (d);
            (2) a description of how activities described in such plan 
        will be coordinated with activities specified in plans for 
        schoolwide programs under section 1114 of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 6314) and school 
        improvement plans required under section 1116(b)(3) of such Act 
        (20 U.S.C. 6316(b)(3)); and
            (3) a description of how activities described in such plan 
        will be complementary to, and coordinated with, school 
        improvement activities for elementary schools and high schools 
        in need of improvement that serve the same students within the 
        participating local educational agency.
    (d) Comprehensive Schoolwide Improvement Plan.--An eligible local 
educational agency or eligible entity that desires to receive a 
subgrant under subsection (a) shall develop a comprehensive schoolwide 
improvement plan for the middle grades that shall--
            (1) include the information described in subsection (c)(2);
            (2) describe how the eligible local educational agency or 
        eligible entity will--
                    (A) identify eligible schools;
                    (B) ensure that funds go to the highest priority 
                eligible schools first, based on the eligible schools' 
                populations of children described in section 102(c)(1);
                    (C) use funds to improve the academic achievement 
                of all students, including English language learners 
                and students with disabilities, in eligible schools;
                    (D) implement an early warning indicator and 
                intervention system to alert schools when students 
                begin to exhibit outcomes or behaviors that indicate 
                the student is at increased risk for low academic 
                achievement or is unlikely to progress to secondary 
                school graduation, and to create a system of evidence-
                based interventions to be used by schools to 
                effectively intervene, by--
                            (i) identifying and analyzing, such as 
                        through the use of longitudinal data of past 
                        cohorts of students, the academic and 
                        behavioral indicators in the middle grades that 
                        most reliably predict dropping out of high 
                        school, such as attendance, behavior measures 
                        (including suspensions, officer referrals, or 
                        conduct marks), academic performance in core 
                        courses, and earned on-time promotion from 
                        grade-to-grade;
                            (ii) analyzing student progress and 
                        performance on the indicators identified under 
                        clause (i) to guide decisionmaking;
                            (iii) analyzing academic indicators to 
                        determine whether students are on track to 
                        graduate on time, and developing appropriate 
                        evidence-based intervention; and
                            (iv) identifying or developing a mechanism 
                        for regularly collecting and reporting--
                                    (I) student-level data on the 
                                indicators identified under clause (i);
                                    (II) student-level progress and 
                                performance, as described in clause 
                                (ii);
                                    (III) student-level data on the 
                                indicators described in clause (iii); 
                                and
                                    (IV) information about the impact 
                                of interventions on student outcomes 
                                and progress;
                    (E) increase academic rigor and foster student 
                engagement to ensure students are entering high school 
                prepared for success in a rigorous college-ready 
                curriculum, including a description of how such 
                readiness will be measured;
                    (F) implement a systemic transition plan for all 
                students and encourage collaboration among elementary 
                grades, middle grades, and high school grades; and
                    (G) provide evidence that the strategies, programs, 
                supports, and instructional practices proposed under 
                the schoolwide improvement plan are new and have not 
                been implemented before by the eligible local 
                educational agency or eligible entity; and
            (3) provide evidence of an ongoing commitment to sustain 
        the plan for a period of not less than 4 years.
    (e) Review and Selection of Subgrants.--In making subgrants under 
subsection (a), the State educational agency shall--
            (1) establish a peer-review process to assist in the review 
        and approval of applications under subsection (c); and
            (2) appoint individuals to participate in the peer-review 
        process who are educators and experts in identifying, 
        evaluating, and implementing effective education programs and 
        practices, including areas of teaching and learning, 
        educational standards and assessments, school improvement, and 
        academic and behavioral supports for middle grades students, 
        including recognized exemplary middle grades teachers and 
        principals who have been recognized at the State or national 
        level for exemplary work or contributions to the field.
    (f) Revision of Subgrants.--If a State educational agency, using 
the peer-review process described in subsection (e), determines that an 
application for a grant under subsection (a) does not meet the 
requirements of this title, the State educational agency shall notify 
the eligible local educational agency or eligible entity of such 
determination and the reasons for such determination, and offer--
            (1) the eligible local educational agency or eligible 
        entity an opportunity to revise and resubmit the application; 
        and
            (2) technical assistance to the eligible local educational 
        agency or eligible entity, by the State educational agency or a 
        nonprofit organization with demonstrated expertise in high 
        quality middle grades interventions, to revise the application.
    (g) Mandatory Uses of Funds.--An eligible local educational agency 
or eligible entity that receives a subgrant under subsection (a) shall 
carry out the following:
            (1) Align the curricula for grades kindergarten through 12 
        for schools within the local educational agency to improve 
        transitions from elementary grades to middle grades to high 
        school grades.
            (2) In each eligible school served by the eligible local 
        educational agency receiving or participating in the subgrant:
                    (A) Align the curricula for all grade levels within 
                eligible schools to improve grade to grade transitions.
                    (B) Implement evidence-based or, when available, 
                scientifically valid instructional strategies, 
                programs, and learning environments that meet the needs 
                of all students and ensure that school leaders and 
                teachers receive professional development on the use of 
                these strategies.
                    (C) Ensure that school leaders, teachers, pupil 
                service personnel, and other school staff understand 
                the developmental stages of adolescents in the middle 
                grades and how to deal with those stages appropriately 
                in an educational setting.
                    (D) Implement organizational practices and school 
                schedules that allow for effective leadership, 
                collaborative staff participation, effective teacher 
                teaming, and parent and community involvement.
                    (E) Create a more personalized and engaging 
                learning environment for middle grades students by 
                developing a personal academic plan for each student 
                and assigning not less than 1 adult to help monitor 
                student progress.
                    (F) Provide all students with information and 
                assistance about the requirements for high school 
                graduation, college admission, and career success.
                    (G) Utilize data from an early warning indicator 
                and intervention system described in subsection 
                (d)(2)(D) to identify struggling students and assist 
                the students as the students transition from elementary 
                school to middle grades to high school.
                    (H) Implement academic supports and effective and 
                coordinated additional assistance programs to ensure 
                that students have a strong foundation in reading, 
                writing, mathematics, and science skills.
                    (I) Implement evidence-based or, when available, 
                scientifically valid schoolwide programs and targeted 
                supports to promote positive academic outcomes, such as 
                increased attendance rates and the promotion of 
                physical, personal, and social development.
                    (J) Develop and use effective formative assessments 
                to inform instruction.
    (h) Permissible Uses of Funds.--An eligible local educational 
agency or eligible entity that receives a subgrant under subsection (a) 
may use the subgrant funds to carry out the following:
            (1) Implement extended learning opportunities in core 
        academic areas including more instructional time in literacy, 
        mathematics, science, history, and civics in addition to 
        opportunities for language instruction and understanding other 
        cultures and the arts.
            (2) Provide evidence-based professional development 
        activities with specific benchmarks to enable teachers and 
        other school staff to appropriately monitor academic and 
        behavioral progress of, and modify curricula and implement 
        accommodations and assistive technology services for, students 
        with disabilities, consistent with the students' individualized 
        education programs under section 614(d) of the Individuals with 
        Disabilities Education Act (20 U.S.C. 1414(d)).
            (3) Employ and use instructional coaches, including 
        literacy, mathematics, and English language learner coaches.
            (4) Provide professional development for content-area 
        teachers on working effectively with English language learners 
        and students with disabilities, as well as professional 
        development for English as a second language educators, 
        bilingual educators, and special education personnel.
            (5) Encourage and facilitate the sharing of data among 
        elementary grades, middle grades, high school grades, and 
        postsecondary educational institutions.
            (6) Create collaborative study groups composed of 
        principals or middle grades teachers, or both, among eligible 
        schools within the eligible local educational agency receiving 
        or participating in the subgrant, or between such eligible 
        local educational agency and another local educational agency, 
        with a focus on developing and sharing methods to increase 
        student learning and academic achievement.
    (i) Planning Subgrants.--
            (1) In general.--In addition to the subgrants described in 
        subsection (a), a State educational agency may (without regard 
        to the preceding provisions of this section) make planning 
        subgrants, and provide technical assistance, to eligible local 
        educational agencies and eligible entities that have not 
        received a subgrant under subsection (a) to assist the local 
        educational agencies and eligible entities in meeting the 
        requirements of subsections (c) and (d).
            (2) Amount and duration.--Each subgrant under this 
        subsection shall be in an amount of not more than $100,000 and 
        shall be for a period of not more than 1 year in duration.

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

    (a) Duration of Grants.--
            (1) In general.--Except as provided in paragraph (2), 
        grants under this title and subgrants under section 104(a) may 
        not exceed 3 years in duration.
            (2) Renewals.--
                    (A) In general.--Grants and subgrants under this 
                title may be renewed in 2-year increments.
                    (B) Conditions.--In order to be eligible to have a 
                grant or subgrant renewed under this paragraph, the 
                grant or subgrant recipient shall demonstrate, to the 
                satisfaction of the granting entity, that--
                            (i) the recipient has complied with the 
                        terms of the grant or subgrant, including by 
                        undertaking all required activities; and
                            (ii) during the period of the grant or 
                        subgrant, there has been significant progress 
                        in--
                                    (I) student academic achievement, 
                                as measured by the annual measurable 
                                objectives established pursuant to 
                                section 1111(b)(2)(C)(v) of the 
                                Elementary and Secondary Education Act 
                                (20 U.S.C. 6311(b)(2)(C)(v)); and
                                    (II) other key risk factors such as 
                                attendance and on-time promotion.
    (b) Federal Funds To Supplement, Not Supplant, Non-Federal Funds.--
            (1) In general.--A State educational agency, eligible local 
        educational agency, or eligible entity shall use Federal funds 
        received under this title only to supplement the funds that 
        would, in the absence of such Federal funds, be made available 
        from non-Federal sources for the education of pupils 
        participating in programs assisted under this title, and not to 
        supplant such funds.
            (2) Special rule.--Nothing in this title shall be construed 
        to authorize an officer, employee, or contractor of the Federal 
        Government to mandate, direct, limit, or control a State, local 
        educational agency, or school's specific instructional content, 
        academic achievement standards and assessments, curriculum, or 
        program of instruction.

SEC. 106. EVALUATION AND REPORTING.

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

SEC. 107. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this title 
$1,000,000,000 for fiscal year 2010 and such sums as may be necessary 
for each of the 5 succeeding fiscal years.

                   TITLE II--RESEARCH RECOMMENDATIONS

SEC. 201. PURPOSE.

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

SEC. 202. RESEARCH RECOMMENDATIONS.

    (a) Study on Promising Practices.--
            (1) In general.--Not later than 60 days after the date of 
        enactment of this Act, the Secretary shall enter into a 
        contract with the Center for Education of the National 
        Academies to 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 
                indicator and intervention 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.

SEC. 203. AUTHORIZATION OF APPROPRIATIONS; RESERVATIONS.

    (a) Authorization.--There are authorized to be appropriated to 
carry out this title $100,000,000 for fiscal year 2010 and such sums as 
may be necessary for each of the 5 succeeding fiscal years.
    (b) Reservations.--From the total amount made available to carry 
out this title, the Secretary shall reserve--
            (1) 2.5 percent for the studies described in subsections 
        (a) and (b) of section 202;
            (2) 5 percent for the clearinghouse described in section 
        202(c)(1);
            (3) 5 percent for the database described in section 
        202(c)(2);
            (4) 42.5 percent for the activities described in section 
        202(c)(3);
            (5) 15 percent for the activities described in section 
        202(c)(4); and
            (6) 30 percent for the activities described in section 
        202(c)(5).
                                 <all>