1.Short
title; table of contents
(a)This Act may be cited
as the Flexibility and Innovation in
Education Act
.
(b)The table of contents for this Act is as follows:
Sec. 1. Short title; table of
contents.
Sec. 2. References.
Sec. 3. Findings.
Sec. 4. State and local flexibility in assessment and
accountability models.
Sec. 5. Privacy protections for data systems.
Sec. 6. Improvements to the peer review process.
Sec. 7. Disaggregation of graduation rates.
2.Except as otherwise expressly provided,
whenever in this Act an amendment or revision is expressed in terms of an
amendment to, or revision of, a section or other provision, the reference shall
be considered to be made to a section or other provision of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.).
3.Congress makes the following
findings:
(1)State and local
governments bear the majority of the cost of and responsibility for educating
public elementary school and secondary school students.
(2)State and local
governments often struggle to find adequate funding to provide basic
educational services.
(3)The Federal
Government has not provided its full share of funding for numerous federally
mandated elementary and secondary education programs.
(4)Underfunded
Federal education mandates increase financial pressures on States and local
educational agencies.
(5)States and local
educational agencies are facing increased costs when implementing the annual
student academic assessments required under section 1111(b)(3)(C)(vii) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6311(b)(3)(C)(vii)).
(6)Multiple measures of student academic
achievement on various methods of assessment provide a more complete picture of
a student’s strengths and weaknesses than does a single score on a high stakes
standardized test.
4.State and local
flexibility in assessment and accountability models
(a)Accountability
definition changesSection 1111(b)(2)(A) (20 U.S.C.
6311(b)(2)(A)) is amended—
(1)in the matter
preceding clause (i), by striking under this paragraph.
and
inserting , as defined in the State plan in accordance with this
paragraph and which may be measured in terms of adequate yearly growth in
accordance with subparagraph (L).
; and
(2)in clause (iii),
by striking sanctions
and inserting proven
interventions
.
(b)Adequate yearly
progress changesSection 1111(b)(2) (as amended by subsection
(a)) (20 U.S.C. 6311(b)(2)) is further amended—
(1)in subparagraph
(B)—
(A)by inserting
and, other academic indicators, as selected by the State in accordance
with subparagraph (C)(vii)
after assessments described in
paragraph (3)
; and
(B)by inserting
(which may be measured in terms of adequate yearly growth in accordance
with subparagraph (L))
after adequate yearly progress
;
and
(2)in subparagraph
(D)—
(A)in clause (i), by
striking and
after the semicolon;
(B)by striking
clause (ii) and inserting the following:
(ii)in order to
provide a more accurate determination of school improvement and subject to
subparagraph (C)(iv) and the approval of the Secretary, may elect to use other
academic indicators described in clauses (vi) and (vii) of subparagraph (C)
(except for locally administered assessments) to determine which schools and
local educational agencies are identified for school improvement, corrective
action, or restructuring under section 1116;
and
;
and
(C)by adding at the
end the following:
(iii)shall ensure
that the academic assessments described in paragraph (3) represent not less
than 50 percent of the factors used to determine how academic achievement is
measured for purposes of determining adequate yearly
progress.
.
(c)Section 1111(b)(2) (20 U.S.C. 6311(b)(2)) is further
amended—
(1)in subparagraph
(F), by inserting or, in the case of a State measuring adequate yearly
progress in terms of adequate yearly growth in accordance with subparagraph
(L), all students in each group described in subparagraph (C)(v) will meet the
State's definition of adequate yearly growth
before the period at the
end; and
(2)by adding at the
end the following:
(L)Notwithstanding any other provision of this Act, a State
may elect in the State plan to measure adequate yearly progress in terms of
adequate yearly growth if the State has developed a definition of adequate
yearly growth for the students in the State that has been approved by the
Secretary. In the case of a State that makes such an election and that has
obtained approval of the State's definition of adequate yearly growth, all
requirements of this paragraph with respect to adequate yearly progress shall
apply to such State, except that—
(i)Statewide annual
measurable objectives shall, in lieu of the requirements of clauses (iii) and
(iv) of subparagraph (G)—
(I)identify a
minimum percentage of students who are required to meet a certain level of
adequate yearly growth, as defined by the State; and
(II)ensure that all
students will meet the State's definition of adequate yearly growth within the
State's timeline under subparagraph (F); and
(ii)the exception
described in subparagraph (I)(i) regarding groups of students that do not meet
the objectives shall not apply to schools in such
State.
.
(d)State
flexibility To design growth modelsSection 1111(b)(2) (20 U.S.C.
6311(b)(2)) is further amended by adding at the end the following:
(M)State
flexibility to design growth models
(i)Notwithstanding any other provisions of this section, in
carrying out this section a State may choose to develop and use a growth model
accountability system for the purposes of determining adequate yearly progress
by measuring adequate yearly growth in accordance with subparagraph (L).
(ii)Requirements
for growth modelsA growth model accountability system referred
to in clause (i) shall meet the following requirements:
(I)Valid,
reliable, and accurate measuresThe growth model uses valid,
reliable, and accurate measures.
(II)Sufficient
technical quality and capacityThe growth model has sufficient
technical quality and technical capacity to ensure the growth model can
function fairly and accurately for each student.
(III)Statewide
privacy-protected data systemThe growth model has a statewide
privacy-protected data system capable of tracking individual students’
growth.
(IV)The State annually assesses students in grades 3
through 8 and once in grades 9 through 12 and such assessments produce reliable
results in each grade and from year to year.
(V)Performance
measures or growth targetsThe State may set performance measures
or growth targets based on a student’s current academic level, but may not set
performance measures or growth targets for students on the basis of the
student’s membership in 1 of the groups listed in subparagraph
(C)(v)(II).
(VI)The State is able to evaluate student gains or progress
in, at a minimum, mathematics and reading or language arts.
(iii)Paragraph
(3)(E) shall not apply to a State that chooses to use a growth model
accountability system under this
subparagraph.
.
(e)Multiple
measures of assessmentSection 1111(b)(3) is further
amended—
(1)in subparagraph
(C)—
(A)in clause (xiv),
by striking and
after the semicolon;
(B)in clause (xv),
by striking the period and inserting ; and
; and
(C)by adding at the
end the following:
(xvi)if the State
chooses, include other valid and reliable assessments, including performance
assessments, technology-based assessments, thorough course assessments,
adaptive assessments, and appropriate assessments for students with
disabilities and English language learners, that—
(I)are aligned with
the State’s academic content standards and student academic achievement
standards;
(II)are capable of
measuring student academic growth;
(III)are fair,
valid, reliable, and capable of producing comparable and disaggregated results
for all students, including all student subgroups described in section
1111(b)(2)(C)(v)(II);
(IV)are able to
measure readiness for postsecondary education or the workplace;
(V)use scoring
mechanisms that enable the assessments to be scored in such a way as to produce
fair, valid, reliable, and comparable results for all students;
(VI)have been
approved through the peer-review process described in subsection (e);
(VII)measure
higher-order thinking skills;
(VIII)produce
evidence about student learning and achievement in a timely manner; and
(IX)provide teachers
with meaningful feedback so that the teachers can modify, improve, and target
instructional strategies based on individual student
need.
.
(f)State
flexibility To test in grade spansSection 1111(b)(3) (20 U.S.C.
6311(b)(3)) is further amended by adding at the end the following:
(E)State
flexibility to test in grade spans
(i)Notwithstanding clauses (v) and (vii) of subparagraph (C)
or any other provision in this Act and subject to clause (ii), a State may
elect to administer the assessments required under this paragraph not less
than—
(I)once during
grades 3 through 5;
(II)once during
grades 6 through 8; and
(III)once during
grades 9 through 12.
(ii)If
a State exercises the flexibility regarding administering assessments provided
under clause (i), the State shall ensure that the State has statewide systems
in place to monitor and report the academic progress and growth of students in
core academic subjects in grades for which the State is not administering the
assessments under this
paragraph.
.
5.Privacy
protections for data systemsSubpart 1 of part A of title I of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) is
amended by adding at the end the following:
1120C.Privacy
protections for data systems
(a)Each State receiving a grant under this part shall
implement measures to—
(1)limit the use of
information in a statewide education data system by a State educational agency,
a local educational agency, or an institution of higher education to the
purposes and functions for such information set forth in Federal or State
education law, and allow access to the information in the statewide education
data system only to those State or local employees or agents, and only on such
terms, as may be necessary to fulfill those purposes and functions;
(2)prohibit the
disclosure of student-level information in the data system to any other person,
agency, institution, or entity, except that States may allow the disclosures
permitted under section 444 of the General Education Provisions Act (commonly
referred to as the Family Educational Rights and Privacy Act of
1974
) in accordance with the limitations set forth in this section and
any additional limitations set forth in State law;
(3)require any
person, agency, institution, or entity to whom disclosure of information in the
data system is authorized under section 444 of such Act to sign a data use
agreement prior to disclosure, that—
(A)prohibits the
party from further disclosing the information;
(B)prohibits the
party from using the information for any purpose other than the purpose
specified in the agreement; and
(C)requires the
party to destroy the information when the purpose for which the disclosure was
made is accomplished;
(4)if consistent
with the purpose of the disclosure, remove personally identifying information
and unique identifiers before disclosing student-level information in the data
system;
(5)in addition to
meeting the accounting requirements under section 444 of such Act, maintain a
record of the date of each disclosure of information in the data system, a
detailed description of the information disclosed, and the name and address of
the person, agency, institution, or entity to whom the disclosure was made,
which accounting shall be made available on request to parents of any student
whose information has been disclosed, or to the student if the student has
reached the age of 18 or is enrolled in a postsecondary educational
institution;
(6)ensure that any
disclosure of aggregate data in the data system is in a form that does not
permit the identification of individual students, and that any unique
identifiers in the data system are removed prior to disclosure of aggregate
data;
(7)maintain adequate
security measures to ensure the confidentiality and integrity of the data
system; and
(8)ensure adequate
enforcement of the requirements of this section.
(b)Use of unique
identifiers
(1)Governmental
use of unique identifiersIt shall be unlawful for any Federal
agency, any employee of any Federal agency, any State or local agency in a
State that receives funds under this Act, or any employee of a State or local
agency in a State that receives funds under this Act, to use unique identifiers
employed in a statewide education data system for any purpose other than as
authorized by Federal or State education law, or to deny any individual any
right, benefit, or privilege provided by law because of such individual’s
refusal to disclose the individual’s unique identifier.
(2)Not
later than 1 year after the date of enactment of the
Flexibility and Innovation in Education
Act, the Secretary shall promulgate regulations governing the use
of unique identifiers employed in statewide education data systems, with the
goal of safeguarding individual privacy. The regulations may require States
seeking grants under this part to have in place measures to limit the use of
unique identifiers by nongovernmental parties to the extent practicable,
consistent with the uses of the information authorized in Federal or State
education law.
(c)Formula grants
for privacy protected data systems
(1)From amounts appropriated under paragraph (4), the
Secretary is authorized to make grants, from allotments under paragraph (2), to
States receiving grants under section 1121, for the purposes of carrying out
the requirements of this section related to privacy protections and unique
identifiers.
(2)The Secretary shall establish a formula for the allotment
of grants under this subsection that ensures that each State receives an
equitable share of the amount allotted based upon relevant State factors,
including student population size.
(3)In this subsection the term State means each
of the several States of the United States, the District of Columbia, and the
Commonwealth of Puerto Rico.
(4)Authorization
of appropriationsFrom the amounts appropriated to and available
for Program Administration within the Departmental Management account in the
Department of Education for each of fiscal years 2011 through 2015, there are
authorized to be appropriated to carry out this subsection $1,000,000 for each
such fiscal
year.
.
6.Improvements to
the peer review processSection 1111(e)(1) (20 U.S.C. 6311(e)(1)) is
further amended—
(1)by striking
subparagraph (B);
(2)by redesignating
subparagraphs (C) through (F) as subparagraphs (F) through (I),
respectively;
(3)by inserting
after subparagraph (A) the following:
(B)develop, and
update, a list of individuals the Secretary has determined to be eligible under
subparagraph (C)(i) to be appointed to the peer review process under this
subsection, which list shall include eligible individuals recommended by State
educational agencies, local educational agencies, and professional educational
associations;
(C)using the list
described in subparagraph (B), appoint individuals to the peer review process,
ensuring that—
(i)the individuals
appointed to the peer review process are—
(I)representative of
parents, teachers, State educational agencies, local educational agencies, and
professional education associations; and
(II)skilled
practitioners or education researchers with knowledge of fair, valid, and
reliable assessment design, including individuals with expertise in 1 or more
of the following:
- (aa)developing
educational standards;
- (bb)developing valid
and reliable assessments for all students, including alternative assessments
for students with disabilities and English language learners;
- (cc)creating valid
accountability models;
- (dd)accurately
assessing the needs of low-performing schools; or
- (ee)adequately
measuring the other educational needs of students so that issues relating to
the education of the whole child are addressed; and
(ii)each peer review
panel used in the process contains—
(I)not less than 1
representative recommended for inclusion on the list described in subparagraph
(B) by State educational agencies;
(II)not less than 1
representative recommended for the list by local educational agencies;
(III)not less than 1
representative recommended for the list by professional educational
associations;
(IV)not less than 1
representative recommended for the list by the Secretary; and
(V)not less than 1
representative who works in a school;
(D)ensure that there
is consistency from State to State with respect to all decisions reached by the
peer review panels;
(E)ensure that
States are given the opportunity to receive timely feedback from peer review
teams, in person or via electronic communication, and directly interact with
peer review panels on issues that need clarification during the peer review
process;
;
(4)in subparagraph
(H)(iii) (as redesignated by paragraph (2)), by striking and
after the semicolon;
(5)in subparagraph
(I) (as redesignated by paragraph (2)), by striking the period and inserting a
semicolon; and
(6)by adding at the
end the following:
(J)post all approval
and denial decisions regarding the State plans and final State plans, State
plan amendments, and waiver decisions for each State plan, on a publicly
available website in an easily identifiable location, and provide written
notification to States of all such decisions within 3 business days of such
decisions; and
(K)direct the
Inspector General of the Department to review the final determinations reached
by the Secretary under this subsection for consistent decisionmaking through
the peer review process across all States and report the findings to Congress
once every 2
years.
.
7.Disaggregation
of graduation ratesSection
1111(h)(1)(C)(vi) (20 U.S.C. 6311(h)(1)(C)) is amended by inserting before the
semicolon the following: , disaggregated by the student subgroups
described in subsection (b)(2)(C)(v)(II).
.