1.Short title; table of
contents
(a)This Act may be cited
as the After-School Partnerships
Improve Results in Education (ASPIRE) Act
.
(b)The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Purpose.
Sec. 4. Definitions.
Sec. 5. National model after-school interdisciplinary education
program grants.
Sec. 6. State grants.
Sec. 7. Subgrants to eligible entities for after-school
interdisciplinary education programs.
Sec. 8. Eligible entity applications.
Sec. 9. Required uses.
Sec. 10. Secretarial peer review and approval.
Sec. 11. National activities.
Sec. 12. Regulations.
Sec. 13. Authorization of appropriations.
Sec. 14. Limitation on authority.
2.Congress finds that—
(1)over 15,000,000
students have no place to go after school hours, which is associated with high
rates of juvenile crime;
(2)studies show that
almost 1/3 of all public high school students in the
United States fail to graduate;
(3)high school
dropouts—
(A)on average, earn
less than high school graduates; and
(B)are more likely
than high school graduates to be unemployed;
(4)high dropout rates
have a significant effect on communities through—
(A)loss of
productivity and revenues; and
(B)higher costs
associated with incarceration, health care, and social services;
(5)students
consistently cite a lack of interest in core curriculum and a lack of relevancy
to future careers as the major reasons for dropping out of high school;
(6)it is in the best
interest of the United States to ensure students are qualified to compete in
the global economy;
(7)(A)80 percent of jobs are
classified as skilled jobs; and
(B)only 32 percent of high school
graduates are prepared for college;
(8)Microsoft’s Bill
Gates warned that American companies face a severe shortfall of
scientists and engineers with expertise to develop the next generation of
breakthroughs
;
(9)business leaders
have stated that a qualified workforce is important to keeping jobs in the
United States;
(10)Corporate Voices
for Working Families has called for public and private efforts to create
after-school programs in which young people can develop skills for the 21st
century;
(11)opportunities for
real-world learning and seeing the connection between school and getting a good
job improve students’ chances of staying in school;
(12)students involved
in after-school programs have significantly higher school attendance rates,
score higher on mathematics and writing assessments, and are more likely to
graduate from high school than those who are not involved in such
programs;
(13)reinforcing core
curricula by integrating academic work within alternative course material can
lead to significant improvements in student achievement and engagement, as
shown by the National Research Center for Career and Technical
Education;
(14)after-school
programs and community partnerships offer youth opportunities—
(A)to develop social
and citizenship skills; and
(B)to have access to
a variety of mentors and role models from their communities; and
(15)after-school
programs can also provide opportunities, for youth who have extra time, to
experience the academic enrichment, career exploration, and skills development
the youth need to succeed.
3.The purpose of this Act is to establish and
expand after-school programs and other similar programs—
(1)to improve middle
school and high school student academic achievement, overall school success,
and graduation rates by reinforcing core curriculum;
(2)to increase
student knowledge of, and interest in, high-demand career opportunities;
(3)to increase
student engagement in learning by—
(A)demonstrating the
means by which academic content relates to career opportunities;
(B)providing
opportunities for civic engagement and service learning; and
(C)providing
students with marketable skills; and
(4)to provide
opportunities for students to broaden curricula, to expose students to learning
opportunities outside a core curriculum of study, and to provide opportunities
for students to gain credit toward high school graduation through learning
outside a traditional classroom.
4.In this Act:
(1)The terms local educational agency 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)The term eligible entity—
(A)when used with
respect to a grant awarded under section 5, means a partnership that
includes—
(i)not
less than 1—
(I)State educational
agency; or
(II)local educational
agency serving a high school or middle school; and
(ii)not
less than 1—
(I)career technical
student organization;
(II)institution of
higher education or tribal college or university;
(III)nonprofit
organization;
(IV)community-based
organization;
(V)tribal
organization;
(VI)business;
or
(VII)labor union;
and
(B)when used with
respect to a subgrant awarded under section 7, means a partnership that
includes—
(i)a
local educational agency that—
(I)serves a high
school or middle school; and
(II)does not
participate in a partnership that received a grant under section 5; and
(ii)not less than 1
of the entities described in subparagraph (A)(ii).
(3)The term high school means a secondary school
as defined in section 9101 of the Elementary and Secondary Education Act of
1965.
(4)Institution of
higher educationThe 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).
(5)National model
after-school interdisciplinary education programThe term national model after-school
interdisciplinary education program means a high-quality, multisite,
after-school program that operates in not less than 5 States.
(6)The
term Secretary means the Secretary of Education.
(7)The
term State means—
(A)each of the
several States of the United States;
(B)the District of
Columbia;
(C)the Commonwealth
of Puerto Rico;
(D)the United States
Virgin Islands;
(E)Guam;
(F)American
Samoa;
(G)the Commonwealth
of the Northern Mariana Islands; and
(H)the Republic of
Palau.
(8)
(A)The term struggling student means a middle
school-aged or high school-aged student who is not making sufficient progress
toward graduating from high school with a regular diploma in the standard
number of years.
(B)The
term struggling student includes a student who—
(i)has
been retained in a grade level; or
(ii)is
a high school student who—
(I)lacks the
necessary credits or courses, as determined by the local educational agency or
State educational agency serving the student, to graduate from high school with
a regular diploma in the standard number of years; or
(II)- (aa)enters a school served
by a local educational agency at grade 9 or higher; and
- (bb)is identified by the local
educational agency as—
(AA)being limited English-proficient;
and
(BB)having experienced interrupted formal
education.
5.National model
after-school interdisciplinary education program grants
(a)
(1)From amounts made available under section 13(b)(1), the
Secretary shall award grants, on a competitive basis, to eligible entities to
enable the eligible entities to establish or expand, in accordance with section
9, national model after-school interdisciplinary education programs
that—
(A)expand the
knowledge base for other after-school interdisciplinary education programs;
and
(B)disseminate
information regarding effective practices to those other programs.
(2)Each grant awarded under this section shall be—
(A)for a period of
not less than 3 years and not more than 5 years; and
(B)renewable, based
on performance, for a period of not less than 3 years and not more than 5
years.
(3)The total amount of a grant awarded under this section
shall be not less than $5,000,000 for the period of the grant.
(4)As a condition of receiving a grant under this section, an
eligible entity shall match the grant amount with private funding on an equal
basis.
(b)In
awarding grants under this section, the Secretary shall give priority to
applications for assistance under this section that propose to target services
to—
(1)a
high percentage of students who—
(A)are from
low-income families;
(B)are struggling
students; or
(C)attend schools
located in a rural, sparsely populated area; and
(2)the families of
students described in paragraph (1).
6.
(a)From amounts made
available under section 13(b)(2), the Secretary shall award grants, from
allotments under subsection (b), to States having applications approved under
subsection (c) to enable the States to award subgrants to eligible entities
under section 7.
(b)
(1)
(A)Except as provided in subparagraph (B), of the amounts
made available under section 13(b)(2) that remain after the reservation
required under subsection (d), the Secretary shall allot to each State for each
applicable fiscal year an amount that bears the same relationship to that
remainder as—
(i)the amount the
State received under subpart 2 of part A of title I of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6331 et seq.) for the preceding
fiscal year; bears to
(ii)the amount all
States received under that subpart for the preceding fiscal year.
(B)No
State shall receive less than an amount equal to 1/2 of 1
percent of the total amount made available to all States under this
subsection.
(2)Reallotment of
unused fundsIf a State does not receive an allotment under this
section for a fiscal year, the Secretary shall reallot the amount of the
allotment of the State to the remaining States in accordance with this
subsection.
(c)State
application and application procedures
(1)To be eligible
to receive a grant under this section for any fiscal year, a State shall submit
to the Secretary, in such form and manner as the Secretary may require, an
application that—
(A)designates the
State educational agency of the State as the agency responsible for the
administration and supervision of programs assisted under this section;
(B)describes the
means by which the State educational agency will use funds received under this
section, including funds reserved for State-level activities;
(C)contains an
assurance that the State educational agency will award subgrants under section
7 only to eligible entities that propose to serve—
(i)a
high percentage of students who—
(I)are from
low-income families;
(II)are struggling
students; or
(III)attend schools
located in a rural, sparsely populated area; and
(ii)the
families of students described in clause (i);
(D)describes the
procedures and criteria the State educational agency will use for reviewing
applications and awarding subgrants under section 7 to eligible entities on a
competitive basis, which shall include procedures and criteria that take into
consideration the likelihood that a proposed program will help participating
students meet local content and student academic achievement standards;
(E)describes the
means by which the State educational agency will ensure that subgrants awarded
under section 7 are—
(i)of
sufficient size and scope to support high-quality, effective programs that are
consistent with the purpose of this Act; and
(ii)in
amounts that are consistent with section 7(a)(4);
(F)describes the
measures the State educational agency will take to ensure that relevant
programs implement effective strategies, including providing ongoing technical
assistance and training, evaluation, and dissemination of information regarding
promising practices;
(G)describes the
means by which programs under section 7 will be coordinated with programs under
section 5 and other programs as appropriate;
(H)contains an
assurance that the State educational agency will—
(i)award subgrants
under section 7 for a period of not less than 3 years and not more than 5 years
that are renewable, based on performance, for a period of not less than 3 years
and not more than 5 years; and
(ii)require each
eligible entity seeking a subgrant to submit a plan describing the means by
which the program funded through the subgrant will continue after funding under
this Act is terminated;
(I)contains an
assurance that funds made available to carry out this section will be used to
supplement, and not supplant, other Federal, State, and local public funds
expended to provide programs and activities authorized under this Act and other
similar programs;
(J)contains an
assurance that the State educational agency will require eligible entities to
describe in an application submitted under section 8 the means by which the
transportation needs of participating students will be addressed;
(K)contains an
assurance that the State application was developed in consultation and
coordination with—
(i)appropriate State
officials, including the chief State school officer and the State director of
career technical education;
(ii)other State
agencies administering before- and after-school (or summer school) programs;
and
(iii)representatives
of teacher organizations, parents, students, the business community,
community-based organizations, and labor unions;
(L)describes the
results of the needs and resources assessment of the State for before- and
after-school activities, which shall be based on the results of ongoing State
evaluation activities;
(M)describes the
means by which the State educational agency will evaluate the effectiveness of
programs and activities carried out under section 7, which shall include, at a
minimum—
(i)a
description of the performance indicators and performance measures that will be
used to evaluate programs and activities; and
(ii)public
dissemination of the evaluations of programs and activities carried out under
section 7; and
(N)provides for
timely public notice of intent to file an application under this subsection and
an assurance that the application will be available for public review after
submission.
(2)
(A)Not later than 120 days after the date of receipt of an
application under paragraph (1), the Secretary shall approve or disapprove the
application.
(B)If the Secretary fails to make a written determination
that an application under paragraph (1) is not in compliance with the
requirements of this section by the date required under subparagraph (A), the
application shall be considered to be approved.
(C)
(i)The Secretary shall not finally disapprove an application
under paragraph (1) until the State is provided notice and an opportunity for a
hearing regarding the application in accordance with clause (ii).
(ii)If the Secretary determines that an application is not in
compliance with the requirements of this section, in whole or in part, the
Secretary shall provide to the State—
(I)a
notice of the finding of noncompliance, including—
- (aa)a
description of the specific provisions of the application that are not in
compliance; and
- (bb)a
request for additional information (only regarding the noncompliant provisions)
needed to make the application compliant with the requirements of this section;
and
(II)an opportunity
for a hearing regarding the application.
(D)
(i)A State shall respond, in accordance with clause (ii), to
a notice from the Secretary under subparagraph (C)(i) by not later than 45 days
after the date of receipt of the notice.
(ii)To
respond to a notice under clause (i), a State shall resubmit to the Secretary
the application of the State, together with such additional information as is
requested by the Secretary under subparagraph (C)(ii)(I)(bb).
(iii)The
Secretary shall approve or disapprove an application resubmitted under clause
(ii) by not later than the later of—
(I)the date that is
45 days after the date on which the State resubmits the application; and
(II)the expiration
of the applicable 120-day period described in subparagraph (A).
(E)If the State fails to
respond to a notification from the Secretary under subparagraph (C) by the date
required under subparagraph (D)(i), the application of the State shall be
considered to be disapproved.
(d)Of the amounts made available to carry out
this section under section 13(b)(2), the Secretary shall reserve not less than
1 percent, but not more than 5 percent, for payment to the Bureau of Indian
Affairs, to be allotted in accordance with the needs of the Bureau for
assistance under this Act, as determined by the Secretary, to enable the Bureau
to carry out the purpose of this Act.
(e)
(1)Each State that receives a grant under this
section shall reserve not less than 93 percent of the amount of the grant to
award subgrants to eligible entities under section 7.
(2)Each State that receives a grant under this
section may use not more than 2 percent of the amount of the grant for—
(A)the administrative
costs of carrying out this section and section 7;
(B)establishing and
implementing a peer review process for subgrant applications submitted under
section 7 (including consultation with other State agencies responsible for
administering youth development programs and adult learning activities);
and
(C)supervising the awarding of subgrants to
eligible entities under section 7 (including consultation with other State
agencies responsible for administering youth development programs and adult
learning activities).
(3)
(A)Each State that receives a grant under this section may
use not more than 5 percent of the amount of the grant for the following
activities:
(i)Monitoring and
evaluationMonitoring and evaluation of programs and activities
assisted under section 7.
(ii)Capacity
building, training, and technical assistanceProviding capacity
building, training, and technical assistance under section 7.
(iii)Comprehensive evaluation (directly or through a grant
or contract) of the effectiveness of programs and activities under section
7.
(iv)State-level
efforts and infrastructureSupporting State-level efforts and
infrastructure to ensure the quality and availability of after-school
programs.
(B)Not later than 2 years after the date of enactment of
this Act, and annually thereafter, each State using grant funds made available
under subparagraph (A) shall submit to the Secretary a report describing how
the grant funds are used.
7.Subgrants to
eligible entities for after-school interdisciplinary education
programs
(a)
(1)Each State that
receives a grant under section 6, acting through the State educational agency
of the State, shall use the grant funds to award subgrants to eligible entities
to enable the eligible entities to establish or expand after-school
interdisciplinary education programs in accordance with section 9.
(2)A subgrant awarded under this section—
(A)may be for a
period of not less than 3 years and not more than 5 years; and
(B)shall be
renewable, based on performance, for a period of not less than 3 years and not
more than 5 years.
(3)The
amount of a subgrant under this section shall be not less than $50,000 per
fiscal year.
(4)
(A)In awarding subgrants under this section, a State shall
give priority to applications for assistance under this section that—
(i)propose to
serve—
(I)a high percentage
of students who—
- (aa)are from
low-income families;
- (bb)are struggling
students; or
- (cc)attend schools
located in a rural, sparsely populated area; and
(II)the families of students described in
subclause (I); or
(ii)are
submitted by an eligible entity consisting of not less than 1 local educational
agency serving a middle school or high school that receives funds under part A
of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6311 et seq.).
(B)To the maximum extent practicable, a State shall
distribute subgrant funds under this section equitably among geographical areas
within the State, including urban and rural communities.
(b)
(1)
(A)Except as provided in subparagraph (B), a State may
require an eligible entity to match the amount of a subgrant awarded under this
section.
(B)A
contribution by an eligible entity under subparagraph (A) shall not—
(i)exceed the amount
of the subgrant awarded to the eligible entity; or
(ii)be
derived from other Federal or State funds.
(2)The amount of a contribution by an eligible entity under
paragraph (1) shall be established based on a sliding fee scale that takes into
account—
(A)the relative
poverty of the population targeted by the eligible entity; and
(B)the ability of the
eligible entity to obtain matching funds.
(3)A State that requires an eligible entity to match
funds under this subsection shall permit the eligible entity to provide all or
any portion of those funds in the form of in-kind contributions.
(4)Notwithstanding
any other provision of this subsection, a State shall not take into
consideration the ability of an eligible entity to provide sufficient matching
funds under this subsection in selecting eligible entities to receive subgrants
under this section.
8.Eligible entity
applications
(a)To be eligible to
receive a grant under section 5 or a subgrant under section 7, an eligible
entity shall submit to the Secretary or the State, as applicable, an
application in such form and manner as the Secretary or State, as applicable,
may require.
(b)Each
application described in subsection (a) shall include—
(1)a
description of the programs and activities to be funded using the grant or
subgrant, including—
(A)an assurance that
the programs and activities will take place in a safe and easily accessible
facility;
(B)a description of
how students participating in the programs and activities will travel safely to
and from the location of the programs; and
(C)a description of
how the eligible entity will disseminate information regarding the programs and
activities (including the locations of the programs and activities) to the
community in a manner that is understandable and accessible;
(2)a
description of how the programs and activities are expected to meet the purpose
of this Act;
(3)an identification
of Federal, State, and local programs that will be combined or coordinated with
the proposed programs and activities to make the most effective use of public
resources;
(4)an assurance that
the proposed programs and activities were developed, and will be carried out,
in active collaboration with schools attended by the students to be served by
the eligible entity;
(5)a
description of the means by which the programs and activities will meet the
principles of effectiveness described in section 9(b);
(6)an assurance that
the programs and activities will primarily target students from low-income
families or struggling students and the families of those students;
(7)an assurance that
funds provided pursuant to this Act will—
(A)be used to
increase the level of State, local, and other non-Federal funds that would, in
the absence of funds under this Act, be made available for programs and
activities authorized under this Act; and
(B)in no case
supplant any Federal, State, local, or non-Federal funds;
(8)a
description of a preliminary plan for the means by which the proposed programs
and activities will continue after funding under this Act is terminated;
(9)an assurance
that—
(A)the affected
community will be given notice of an intent to submit an application under this
Act; and
(B)the application
and any applicable waiver request will be available for public review after
submission of the application; and
(10)such other
information and assurances as the Secretary or the State, as applicable, may
reasonably require.
(c)Special rule for
subgrant applications
(1)Approval of
certain applicationsA State may approve an application for a
subgrant under section 7, for a program to be located in a facility other than
a high school, only if the program will be at least as available and accessible
to the students to be served as if the program were located in the high
school.
(2)In reviewing applications for a subgrant under section 7,
a State shall use a peer review process or other method of ensuring the quality
of applications, in accordance with section 6(c)(1)(D).
9.
(a)
(1)Each eligible entity that receives a grant under section
5 or a subgrant under section 7 shall use the grant or subgrant funds, as
applicable, to establish or expand after-school programs and activities that
meet the purpose of this Act, including—
(A)not less than
1—
(i)mathematics and
science education activity;
(ii)language arts,
writing, and reading activity; or
(iii)history,
geography, or social studies activity; and
(B)not less than
1—
(i)career technical
education activity;
(ii)business and
entrepreneurial education program;
(iii)health and
wellness activity;
(iv)environmental and
conservation activity; or
(v)arts
and music education activity.
(2)Activity and
program timesIn addition to
after school, the activities and programs described in paragraph (1) may take
place before school or at any other time during which school is not in session,
including on weekends and during vacation and summer recess periods.
(b)Principles of
effectiveness
(1)Each program and activity established or expanded under
this Act shall meet principles of effectiveness that are based on—
(A)an assessment of
objective data regarding the need for the programs and activities described in
subsection (a), including activities in the schools and communities;
(B)an established set
of performance measures, including academic, social, and behavioral measures,
aimed at ensuring opportunities for high-quality academic enrichment and
positive youth development; and
(C)if appropriate,
scientifically based research that provides evidence that the programs or
activities will help students improve academic achievement, deepen student
engagement in learning, and promote positive youth development.
(2)
(A)Each program and activity established or expanded under
this Act shall be subject to periodic evaluation to assess the progress made by
the program or activity toward achieving the goal of providing high-quality
opportunities for academic enrichment and positive youth development.
(B)The results of evaluations under subparagraph (A) shall
be—
(i)used—
(I)to refine,
improve, and strengthen each program or activity so evaluated; and
(II)to refine the
applicable performance measures; and
(ii)made available to
the public—
(I)on request;
and
(II)by public
notice.
10.Secretarial peer
review and approvalThe
Secretary shall establish—
(1)a
peer-review process to assist in the review and approval of grant applications
submitted under section 5 and State applications submitted under section 6;
and
(2)appoint to serve
the peer-review process individuals who are educators and experts in
educational standards, assessments, accountability, high school improvement,
youth development, dropout prevention, and other educational needs of high
school students.
11.
(a)From amounts made available under section 13(b)(3),
the Secretary shall carry out national activities (directly or through grants
or contracts), such as—
(1)providing
technical assistance as described in subsection (b), to States or eligible
entities carrying out programs or activities under this Act; or
(2)conducting a
national evaluation of the effectiveness of programs and activities under this
Act.
(b)The Secretary may
provide, pursuant to subsection (a), technical assistance to States and
eligible entities carrying out programs and activities under this Act, such
as—
(1)conducting
outreach to ensure widespread knowledge of the availability of those programs
and activities;
(2)annually convening
participating States, eligible entities, and organizations providing support to
those States or eligible entities, to provide training and education regarding
best practices;
(3)disseminating
information regarding best practices and successful program models for serving
high school youth; and
(4)providing capacity
building and training to ensure high-quality programming.
12.The Secretary shall promulgate such
regulations as the Secretary determines to be necessary to carry out this
Act.
13.Authorization of
appropriations
(a)Authorization of
appropriationsThere are
authorized to be appropriated to the Secretary such sums as may be necessary to
carry out this Act for fiscal year 2010 and each fiscal year thereafter.
(b)Of
the amounts appropriated pursuant to subsection (b) for each fiscal year, the
Secretary shall allocate for the fiscal year—
(1)40 percent for
grants under section 5;
(2)50 percent for
grants under section 6; and
(3)10 percent for
national activities under section 11.
14.Any new spending
authority or new authority to enter into contracts provided by this Act, and
under which the United States is obligated to make outlays, shall be effective
only to the extent, and in such amounts, as are provided in advance in
appropriations Acts.