[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 413 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 413

 To establish a grant program to improve high school graduation rates 
               and prepare students for college and work.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 11, 2009

Mr. Burr (for himself and Mr. Bingaman) introduced the following bill; 
     which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
 To establish a grant program to improve high school graduation rates 
               and prepare students for college and work.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Graduate for a 
Better Future Act''.
    (b) Table of Contents.--The table of contents to this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Purposes.
Sec. 4. Definitions.
Sec. 5. Program authorized.
Sec. 6. Reporting and accountability.
Sec. 7. Evaluation and report.
Sec. 8. Authorization of appropriations.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The high school graduation rate for the class of 2005 
        was only 71 percent nationwide. Thus, almost \1/3\ of American 
        students who enter high school in 9th grade drop out of school 
        and never receive a high school diploma.
            (2) Large disparities exist in the high school graduation 
        rates among various subgroups of students. Although the high 
        school graduation rate for white students was 78 percent in 
        2005, the rate for African-American students was only 55 
        percent, and the rate for Hispanic students was only 58 
        percent.
            (3) For students in approximately 2,000 high schools across 
        the United States, the chance of graduating from high school is 
        less than 60 percent.
            (4) In 2003, 3,500,000 Americans ages 16 to 25 did not have 
        a high school diploma and were not enrolled in school.
            (5) To retain its competitive edge in the world economy, it 
        is essential that America's youth be prepared for the jobs of 
        today and for the jobs of the future. Such jobs increasingly 
        require a postsecondary education.
            (6) Individuals without a high school diploma experience 
        higher rates of unemployment, incarceration, living in poverty, 
        and receiving public assistance than individuals with at least 
        a high school diploma.
            (7) Over his or her lifetime, an individual without a high 
        school diploma will earn approximately $1,100,000 less than an 
        individual with a bachelor's degree, $1,500,000 less than an 
        individual with a master's degree, and $2,400,000 less than an 
        individual with a doctoral degree.

SEC. 3. PURPOSES.

    The purposes of this Act are--
            (1) to create models of excellence for academically 
        rigorous high schools, including early college high schools, in 
        order to prepare all students for college and work;
            (2) to raise high school graduation rates and college-going 
        rates;
            (3) to reduce college remediation rates;
            (4) to create a seamless curriculum between high school and 
        college;
            (5) to improve teaching and curricula to make high school 
        more rigorous and relevant;
            (6) to improve instruction and access to supports for 
        struggling high school students;
            (7) to improve communication between parents, students, and 
        schools; and
            (8) to create, implement, and utilize early warning systems 
        to help identify students at risk of dropping out of high 
        school, especially systems that monitor student absenteeism.

SEC. 4. DEFINITIONS.

            (1) Advanced placement or international baccalaureate 
        course.--The term ``Advanced Placement or International 
        Baccalaureate course'' means a course of college-level 
        instruction provided to middle school or secondary school 
        students, terminating in an examination administered by the 
        College Board or the International Baccalaureate Organization.
            (2) College-going rate.--The term ``college-going rate'' 
        means the percentage of high school graduates who enroll at an 
        institution of higher education in the school year immediately 
        following graduation from high school.
            (3) Dual credit courses.--The term ``dual credit course'' 
        means a college course that--
                    (A) may be taken at a high school or at an 
                institution of higher education;
                    (B) is taught by--
                            (i) college faculty; or
                            (ii) high school faculty with credentials 
                        that the eligible entity determines are 
                        appropriate; and
                    (C) the successful completion of which can earn 
                high school academic credit as well as college academic 
                credit.
            (4) Eligible entity.--The term ``eligible entity'' means--
                    (A) a State educational agency;
                    (B) a national, regional, or statewide nonprofit 
                organization with expertise and experience in working 
                with local educational agencies and high schools to 
                raise high school academic achievement, high school 
                graduation rates, and college-going rates; or
                    (C) a partnership consisting of a State educational 
                agency and an entity described in subparagraph (B).
            (5) Eligible local educational agency.--The term ``eligible 
        local educational agency'' means a local educational agency 
        with a high school graduation rate of 60 percent or less--
                    (A) in the aggregate; or
                    (B) applicable to 2 or more of the following 
                subgroups of high school students served by the local 
                educational agency:
                            (i) Economically disadvantaged students.
                            (ii) Students from major racial or ethnic 
                        groups.
            (6) High school.--The term ``high school'' means a 
        nonprofit institutional day or residential school, including a 
        public charter high school, that provides high school 
        education, as determined under State law.
            (7) High school graduation rate.--The term ``high school 
        graduation rate'' means the percentage of students who graduate 
        from high school with a regular diploma in the standard number 
        of years as measured by a valid and reliable measure of high 
        school graduation rates, such as the averaged freshman 
        graduation rate.
            (8) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given the 
        term in section 101(a) of the Higher Education Act of 1965 (20 
        U.S.C. 1001(a)).
            (9) Local educational agency.--The term ``local educational 
        agency'' has the meaning given the term in section 9101 of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7801).
            (10) Parent.--The term ``parent'' has the meaning given the 
        term in section 9101 of the Elementary and Secondary Education 
        Act of 1965 (20 U.S.C. 7801).
            (11) Rigorous secondary school program of study.--The term 
        ``rigorous secondary school program of study'' means a rigorous 
        secondary school program of study recognized as such by the 
        Secretary for purposes of subparagraph (A)(i) or (B)(i) of 
        section 401A(c)(3) of the Higher Education Act of 1965 (20 
        U.S.C. 1070a-1(c)(3)).
            (12) Secretary.--The term ``Secretary'' means the Secretary 
        of Education.
            (13) State educational agency.--The term ``State 
        educational agency'' has the meaning given the term in section 
        9101 of the Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 7801).
            (14) Student with a disability.--The term ``student with a 
        disability'' means a child with a disability, as defined in 
        section 602 of the Individuals with Disabilities Education Act 
        (20 U.S.C. 1401).

SEC. 5. PROGRAM AUTHORIZED.

    (a) In General.--From amounts appropriated under section 8 for a 
fiscal year, the Secretary is authorized to award grants, on a 
competitive basis, to eligible entities to enable eligible entities to 
award subgrants to eligible local educational agencies for the 
authorized activities described in subsection (d).
    (b) Duration.--
            (1) Grants.--The Secretary may award grants under this Act 
        (other than a planning grant under subsection (c)(3)) for a 
        period of not more than 6 years.
            (2) Subgrants.--An eligible entity may award subgrants 
        under this Act for a period of not more than 5 years.
    (c) Eligible Entity Authorized Activities.--
            (1) Distribution.--An eligible entity that receives a grant 
        under this Act--
                    (A) shall reserve not more than 15 percent of the 
                grant funds to carry out the activities described in 
                paragraphs (2) through (5); and
                    (B) shall use not less than 85 percent of the grant 
                funds to award subgrants, on a competitive basis, to 
                eligible local educational agencies to enable the 
                eligible local educational agencies to carry out the 
                authorized activities described in subsection (d).
            (2) State level planning and administration.--An eligible 
        entity that receives a grant under this Act may use the grant 
        funds reserved under paragraph (1)(A) for planning and 
        administration, including--
                    (A) evaluating applications from eligible local 
                educational agencies;
                    (B) administering the distribution of subgrants to 
                eligible local educational agencies; and
                    (C) assessing and evaluating, on a regular basis, 
                eligible local educational agency activities carried 
                out under this Act, including regularly evaluating the 
                academic rigor of courses at high schools in the State 
                that receive funding under this Act.
            (3) Local educational agency planning grants.--
                    (A) In general.--From amounts reserved under 
                paragraph (1)(A), an eligible entity may award a 
                planning grant to an eligible local educational agency.
                    (B) Amount.--An eligible entity shall award each 
                planning grant under this paragraph in the amount of 
                $10,000.
                    (C) Duration and use of planning grant funds.--Each 
                planning grant shall be--
                            (i) awarded for a period of 1 year;
                            (ii) nonrenewable; and
                            (iii) used to plan and apply for a subgrant 
                        awarded under paragraph (1)(B).
            (4) Technical assistance for local educational agencies.--
        An eligible entity that receives a grant under this Act may use 
        the grant funds reserved under paragraph (1)(A) for technical 
        assistance, including--
                    (A) assisting eligible local educational agencies 
                in accomplishing the tasks required to implement a 
                program under this Act;
                    (B) implementing a program of professional 
                development for teachers and administrators, in high 
                schools that receive funding under this Act, that 
                prepares teachers and administrators to implement the 
                authorized activities described in subsection (d); and
                    (C) assisting eligible local educational agencies 
                in designing a program to be assisted under this Act.
            (5) Reporting.--An eligible entity that receives a grant 
        under this Act may use the grant funds reserved under paragraph 
        (1)(A) for annually providing the Secretary with a report on 
        the implementation of this section as required under section 6.
    (d) Eligible Local Educational Agency Authorized Activities.--Each 
eligible local educational agency receiving a subgrant under this Act, 
shall use the subgrant funds to carry out each of the following 
activities:
            (1) To implement a college-preparatory curriculum for all 
        students in a high school served by the eligible local 
        educational agency under this Act (and for students with 
        disabilities in accordance with the individualized education 
        program of the student) that is, at a minimum, aligned with a 
        rigorous secondary school program of study.
            (2) To implement accelerated academic catch-up programs, 
        for students who enter high school not meeting proficient 
        levels of academic achievement in mathematics, reading or 
        language arts, or science, that enable such students to meet 
        the proficient levels of achievement and remain on track to 
        graduate from high school on time with a regular high school 
        diploma.
            (3) To implement an early warning system to quickly 
        identify students at risk of dropping out of high school, 
        including systems that track student absenteeism.
            (4) To implement a system of student and classroom progress 
        monitoring, which may include the adoption and use of 
        diagnostic or formative assessments that--
                    (A) measure student academic progress in the core 
                academic areas; and
                    (B) may identify areas in which students need 
                additional academic assistance and support.
            (5) To implement a comprehensive college guidance program 
        that--
                    (A) will ensure that all students in a high school 
                served by the eligible local educational agency under 
                this Act, and their parents, are regularly notified 
                throughout the students' time in high school, of high 
                school graduation requirements and college entrance 
                requirements; and
                    (B) provides guidance and assistance to students in 
                applying to an institution of higher education and in 
                applying for Federal financial aid assistance and other 
                State, local, and private financial aid assistance and 
                scholarships.
            (6) To implement a program that offers, all students in a 
        high school served by the eligible local educational agency 
        under this Act, opportunities for work-based and experiential 
        learning experiences, such as job-shadowing, internships, and 
        community service.
            (7) To implement a program that ensures that all students 
        in a high school served by the eligible local educational 
        agency under this Act, have access to and enroll in courses in 
        which the students may earn college credit for courses taken 
        while in high school, such as a dual credit course, or an 
        Advanced Placement or International Baccalaureate course.
            (8) To implement a program of student advisement in which 
        all students in a high school served by the eligible local 
        educational agency under this Act are assigned and have regular 
        meetings with an academic teacher advisor.
            (9) To implement a program of teacher professional 
        development and institutional leadership that includes use of 
        diagnostic and formative assessments to identify student and 
        teacher needs, to assess classroom practice, and to improve 
        classroom instruction.
    (e) Applications.--
            (1) Eligible entity.--Each eligible entity desiring a grant 
        under this Act shall submit an application to the Secretary at 
        such time and in such manner as the Secretary may require. Each 
        application shall--
                    (A) include a description of how subgrants made by 
                the eligible entity under this Act will meet the 
                requirements described in subsection (d);
                    (B) include a description of the peer review 
                process the eligible entity shall use to evaluate 
                applications from eligible local educational agencies;
                    (C) contain an assurance that the eligible entity, 
                and any eligible local educational agencies receiving a 
                subgrant from that eligible entity, will, if requested, 
                participate in the independent evaluation under section 
                7(1);
                    (D) describe how the eligible entity will use grant 
                funds received under this section;
                    (E) describe how the eligible entity will assist 
                eligible local educational agencies that receive 
                planning grant funds or subgrant funds under this Act 
                in securing any necessary waivers from the State 
                educational agency that may be required to carry out 
                the requirements of this Act, such as waivers with 
                respect to budgeting, school structure, staffing, and 
                flexible use of resources and time; and
                    (F) describe how the eligible entity will assess 
                and evaluate, on a regular basis, eligible local 
                educational agency activities carried out under this 
                Act, including regularly evaluating the academic rigor 
                of courses at high schools in the State that receive 
                funding under this Act.
            (2) Eligible local educational agency.--Each eligible local 
        educational agency desiring a subgrant under this section shall 
        submit an application to the eligible entity at such time and 
        in such manner as the eligible entity may require. Each 
        application shall--
                    (A) include a description of each high school that 
                will receive funding from the eligible local 
                educational agency under this Act, including such high 
                school graduation rate, academic achievement, 
                demographic, and socioeconomic data as the eligible 
                entity may request;
                    (B) contain an assurance that academic merit tests 
                will not be used to determine student enrollment in 
                each such high school;
                    (C) contain a description of specific outreach and 
                recruitment efforts at each such high school that will 
                be undertaken for student populations historically 
                underrepresented at institutions of higher education;
                    (D) contain an assurance that a college-preparatory 
                curriculum will be offered to all students at each such 
                high school (and to students with disabilities in 
                accordance with the individualized education program of 
                the student), that is, at a minimum, aligned with a 
                rigorous secondary school program of study;
                    (E) include a comprehensive description of how 
                curriculum at each such high school will be developed, 
                structured, and delivered;
                    (F) include clearly delineated benchmarks for 
                improved student academic achievement, high school 
                graduation rates, and college-going rates at each such 
                high school;
                    (G) include a description of assessments that will 
                be used at each such high school, including assessments 
                for school accountability purposes and student progress 
                monitoring purposes;
                    (H) contain a comprehensive plan for professional 
                development at each such high school that includes 
                intended changes in teaching practices that will result 
                in improved student academic achievement, high school 
                graduation rates, and college-going rates;
                    (I) include a detailed description of work-based 
                and experiential learning experiences that will be 
                offered for all students at each such high school, such 
                as job shadowing, internships, and community service;
                    (J) contain an assurance that all students at each 
                such high school will be assigned and have regular 
                access to an academic teacher advisor;
                    (K) contain an assurance that the eligible local 
                educational agency will grant each such high school any 
                necessary waivers from local educational agency 
                policies and rules that may be required to carry out 
                the requirements of this Act, such as waivers with 
                respect to budgeting, school structure, staffing, and 
                flexible use of resources and time;
                    (L) include a plan that details how programs 
                assisted under this Act will be sustained after the end 
                of subgrant funding under this Act;
                    (M) in the case of dual credit courses and early 
                college high schools, contain formal agreements between 
                the eligible local educational agency and institutions 
                of higher education that detail shared responsibility 
                for each such high school and students at the high 
                school;
                    (N) include a description of school staffing 
                considerations and how teachers will be selected for 
                each such high school;
                    (O) include a detailed plan of the college 
                awareness program at each such high school that 
                addresses applying for admission to an institution of 
                higher education and applying for financial aid; and
                    (P) contain an assurance that the eligible local 
                educational agency will report to the eligible entity 
                all data necessary for the eligible entity's report 
                under section 6.
    (f) Matching Requirement.--
            (1) In general.--Subject to paragraph (2), each eligible 
        entity that receives a grant under this section shall provide, 
        toward the cost of the activities assisted under the grant, 
        from non-Federal sources, an amount equal to 100 percent of the 
        amount of the grant.
            (2) Waiver.--The Secretary may waive all or part of the 
        matching requirement described in paragraph (1) for any fiscal 
        year for an eligible entity if the Secretary determines that 
        applying the matching requirement to such eligible entity would 
        result in serious hardship or an inability to carry out the 
        authorized activities described in subsection (c).
            (3) Supplement not supplant.--Grant funds provided under 
        this Act shall be used to supplement, not supplant, other 
        Federal and State funds available to carry out the activities 
        described in subsection (d).

SEC. 6. REPORTING AND ACCOUNTABILITY.

    (a) Collection of Data.--Each eligible entity receiving a grant 
under this Act shall collect and report annually to the Secretary such 
information on the results of the activities assisted under the grant 
as the Secretary may reasonably require, including information on--
            (1) the number and percentage of students in the State who 
        are assisted under this Act and graduate from high school on 
        time with a regular high school diploma;
            (2) the number and percentage of students, at each grade 
        level, in the State who are assisted under this Act and meet or 
        exceed State reading or language arts, mathematics, or science 
        standards, as measured by State academic assessments required 
        under section 1111(b)(3) of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 6311(b)(3));
            (3) the number and percentage of students, at each grade 
        level, in the State who are assisted under this Act and are on 
        track to graduate from high school on time and with a regular 
        high school diploma;
            (4) the number and percentage of students in the State who 
        are assisted under this Act and participate in work-based and 
        experiential learning experiences, such as job shadowing, 
        internships, community service, and descriptive information on 
        the types of experiences in which such students participated;
            (5) the number and percentage of students, in grades 11 and 
        12, in the State who are assisted under this Act and enrolled 
        in not less than 2 of the following:
                    (A) a dual credit course; or
                    (B) an Advanced Placement or International 
                Baccalaureate course;
            (6) the number and percentage of students in the State who 
        are assisted under this Act and receive a passing grade or 
        higher for a dual credit course, or an Advanced Placement or 
        International Baccalaureate course;
            (7) the number and percentage of students in the State who 
        are assisted under this Act and apply to an institution of 
        higher education while still in high school;
            (8) the number and percentage of students in the State who 
        are assisted under this Act and are accepted to an institution 
        of higher education while still in high school;
            (9) the number and percentage of students in the State who 
        are assisted under this Act and enroll in an institution of 
        higher education in the school year immediately following the 
        students' high school graduation;
            (10) the number and percentage of students in the State who 
        are assisted under this Act and enrolled in remedial 
        mathematics or English courses during their freshman year at an 
        institution of higher education;
            (11) the number and percentage of students, in grade 10, in 
        the State who are assisted under this Act and take the PSAT; 
        and
            (12) the number and percentage of students, in grades 11 
        and 12, in the State who are assisted under this Act and take 
        the SAT or ACT, and the students' mean scores on such 
        assessments.
    (b) Reporting of Data.--Each eligible entity receiving a grant 
under this Act shall report the information required under subsection 
(a) disaggregated in the same manner as information is disaggregated 
under section 1111(h)(1)(C)(i) of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 1111(b)(1)(C)(i)).

SEC. 7. EVALUATION AND REPORT.

    From the amount appropriated for any fiscal year under section 8, 
the Secretary shall reserve such sums as may be necessary--
            (1) to conduct an independent evaluation, by grant or by 
        contract, of the program carried out under this Act, which 
        shall include an assessment of the impact of the program on 
        high school graduation rates, college-going rates, and student 
        academic achievement; and
            (2) to prepare and submit a report on the results of the 
        evaluation described in paragraph (1) to the Committee on 
        Health, Education, Labor, and Pensions of the Senate and the 
        Committee on Education and Labor of the House of 
        Representatives.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this Act 
$500,000,000 for fiscal year 2010 and such sums as may be necessary for 
each of the 5 succeeding fiscal years.
                                 <all>