II 111th CONGRESS 2d Session S. 3086 IN THE SENATE OF THE UNITED STATES March 8, 2010 Mr. Dodd (for himself and Mr. Grassley) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To support high-achieving, educationally disadvantaged elementary school students in high-need local educational agencies, and for other purposes.

1.

Short title

This Act may be cited as the Equity in Excellence Act of 2010.

2.

Equity in excellence grants

(a)

In general

Title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended— (1)by redesignating part I as part J; and (2)by inserting after section 1830 the following: I

Equity in excellence grants

1841.

Purpose

The purpose of this part is to support high-need local educational agencies to develop programs that ensure that the rate of growth in academic achievement of high-achieving, educationally disadvantaged students in grades 1 through 4 who are served by the high-need local educational agencies is comparable to that of such students' more advantaged, high-achieving peers.

1842.

Definitions

In this part: (1)

Cohort

The term cohort means a group of high-achieving students in any of grades 1 through 4 who attend schools served by the same local educational agency. (2)

Educationally disadvantaged student

The term educationally disadvantaged student means a student who is from a low-income family, as determined by the measure of poverty used for the purposes of section 1113(a)(5) by the local educational agency serving the student. (3)

Eligible entity

The term eligible entity means— (A)a high-need local educational agency; (B)a consortium of local educational agencies that includes a high-need local educational agency; or (C)an eligible partnership. (4)

Eligible partnership

The term eligible partnership means a partnership consisting of— (A)not less than 1 eligible high-need local educational agency; and (B)not less than 1 institution of higher education, or nonprofit organization, with significant expertise in educating students with gifts and talents. (5)

High-achieving

The term high-achieving, when used with respect to a student, means a student who— (A)based on a valid and reliable assessment administered upon the student's entry into grade 1, is performing academically in the top 10 percent of the students entering grade 1 at the school, for any subgroup described in section 1111(b)(2)(C)(v)(II) that includes the student; or (B)is identified by the local educational agency or elementary school for gifted education services through teacher or family referrals. (6)

High-need local educational agency

The term high-need local educational agency means a local educational agency that meets the requirements of section 2102(3)(A).

1843.

Equity in excellence grants

(a)

Program authorized

(1)

In general

From amounts appropriated to carry out this part and not reserved under section 1845(b)(2), the Secretary is authorized to award demonstration grants, on a competitive basis, to eligible entities to enable the eligible entities to develop targeted interventions and academic services to ensure that, among the students served by high-need local educational agencies, the rate of growth in academic achievement of the cohort of high-achieving, educationally disadvantaged students is comparable to the cohort of such students' more advantaged, high-achieving peers. (2)

Duration

A grant awarded under this part shall be for a period of not more than 3 years and may be extended by the Secretary for an additional 2 years, in accordance with section 1845(a)(2). (b)

Application

An eligible entity desiring a grant under this part shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.

1844.

Authorized use of funds

An eligible entity receiving a grant under this part shall use grant funds to carry out, for the cohorts of high-achieving students served by the high-need local educational agency participating in the eligible entity, all of the following activities: (1)Ensuring that assessments provide diagnostic information that informs instruction for high-achieving students. (2)Implementing evidence-based, innovative educational strategies, such as enrichment programs and academic acceleration strategies, designed to maximize the learning of high-potential and high-achieving students. (3)Procuring or utilizing high-quality instructional materials. (4)Carrying out training and professional development for school personnel involved in the teaching of high-achieving, educationally disadvantaged students, such as instructional staff, principals, counselors, and psychologists. (5)Conducting education and training for parents of high-achieving, educationally disadvantaged students to support educational excellence for such students.

1845.

Reports and data collection

(a)

Third-Year report

(1)

In general

At the end of the third year of a grant under this part, the eligible entity receiving such grant shall prepare, and submit to the Secretary, a report regarding— (A)how grant funds were expended; and (B)the outcomes produced by the grant. (2)

Review

Upon review of a third-year report submitted by an eligible entity under paragraph (1), the Secretary may extend a grant awarded under this part for not more than 2 more years based on the eligible entity's performance. (b)

Data collection

(1)

In general

The Secretary, acting through the Director of the Institute of Education Sciences, shall— (A)collect data annually comparing longitudinal achievement levels of the cohorts of high-achieving, educationally disadvantaged students served by a grant under this part with such students' more advantaged peers; and (B)release such data for analysis by independent research institutions. (2)

Reservation

The Secretary may reserve not more than 1 percent of the total amount appropriated for this part to carry out subsection (a).

1846.

Rule of construction

Nothing in this part shall be construed to prohibit a recipient of a grant under this part from serving high-achieving, educationally disadvantaged students simultaneously with students with similar educational needs in the same educational settings, where appropriate.

. (b)

Conforming amendments

The Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is further amended— (1)in the table of contents in section 2— (A)by striking the item relating to part I and inserting the following: Part J—General Provisions ; and (B)by inserting after the item relating to section 1830 the following: PART I—Equity in excellence grants Sec. 1841. Purpose. Sec. 1842. Definitions. Sec. 1843. Equity in excellence grants. Sec. 1844. Authorized use of funds. Sec. 1845. Reports and data collection. Sec. 1846. Rule of construction. ; (2)in section 1304(c)(2) (20 U.S.C. 6394(c)(2)), by striking part I and inserting part J; and (3)in section 1415(a)(2)(C) (20 U.S.C. 6435(a)(2)(C)), by striking part I and inserting part J.

3.

Authorization of appropriations

Section 1002 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6302) is amended by adding at the end the following: (j)

Equity in excellence grants

For the purpose of carrying out part I, there is authorized to be appropriated $50,000,000 for fiscal year 2011 and each of the 5 succeeding fiscal years. .