II 111th CONGRESS 1st Session S. 804 IN THE SENATE OF THE UNITED STATES April 2, 2009 Mr. Bingaman introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend subpart 2 of part A of title I of the Elementary and Secondary Education Act of 1965 to establish incentives for States to extend the minimum length of the school year to 200 full days by 2014, and for other purposes.

1.

Short title

This Act may be cited as the School Day Factor Act of 2009.

2.

Findings

Congress makes the following findings: (1)According to the National Center for Education Statistics the length of the average school year steadily increased from 144 to 178 days between 1869 and 1949. In 2008, the average number of school days per year remains at 178.5. (2)In 1983, a recommendation in the Nation at Risk report was to increase students’ instructional time by lengthening the school day or the school year, as a means to strengthen our Nation’s grip on global competitiveness. Since then, no systematic school day or school year increase has occurred. (3)In 2008, 42 States mandate a school year of 180 or fewer days per year, or the equivalent thereof. Across States, the number of school days per year ranges from 173 to 182. (4)Researchers have demonstrated that— (A)when class material is covered in a streamlined, shortened unit, students’ conceptual mastery of the content suffers; and (B)significant learning requires investment of time. (5)Research has demonstrated that all students are at risk for losing educational gains during extended summer breaks in the typical school calendar, particularly children from low income households. The continued lack of out-of-school learning opportunities contributes to a growing achievement gap. Even more so than achievement gaps present at kindergarten, differences in out-of-school learning opportunities experienced by economically advantaged versus disadvantaged youth contribute to the cumulative achievement difference registered by 9th grade, which affects high school placements, high school exit, and postsecondary school attendance. (6)Since 1991, over 300 expanded learning initiatives have occurred, across 30 States, aimed primarily at schools with high-poverty and high-minority student populations. Outcomes of these initiatives include enhanced student achievement, lower student and teacher absenteeism, and satisfaction of parents, teachers, and students. (7)Research demonstrates that the increased school time is beneficial not only for students, but also for teachers. Teachers gain planning time, more opportunities for cooperative planning, professional development opportunities, and additional time to individualize instruction. Teacher employment increases from part-year to up to full year, depending on the calendar conversion adopted. (8)Regarding the costs of expanded learning initiatives, the cost per hour of instruction decreases with the addition of more learning time.

3.

Purposes

The purposes of this Act are to ensure that all children have sufficient time to achieve in school, that all children have access to a high quality and well-rounded education, and that teachers have sufficient time to deliver quality instruction. Such purposes can be achieved by— (1)encouraging States to expand the minimum number of days in their school year, to 200 full days, by 2014, without reducing the length of the school day; (2)modifying the allocations 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.) regarding basic, concentration, targeted, and education finance incentive grants, so that each of the formulas used to determine allocations includes a factor that reflects all of the following: (A)the minimum number of school days in the State-mandated school year length; (B)the most recent increase in the number of school days in the State-mandated academic year; and (C)whether the number of school days in an academic year meets, exceeds, or falls short of the base level school year length described in the amendment made by this Act; and (3)encouraging States to increase the length of the school day.

4.

School day factor

(a)

Amendment

Subpart 2 of part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6331 et seq.) is amended by adding at the end the following:

1128.

School day factor

(a)

Definitions

In this section: (1)

Academic year

The term academic year means the period of time beginning with the first day of a school year and ending on the last day of a school year, which typically begins in the late summer and ends in the early summer. (2)

Base level school year length

The term base level school year length means— (A)180 school days for the 2009–2010 academic year; (B)185 school days for the 2010–2011 academic year; (C)190 school days for the 2011–2012 academic year; (D)195 school days for the 2012–2013 academic year; and (E)200 school days for the 2013–2014 academic year and for each succeeding academic year. (3)

Instructional hours

The term instructional hours means the number of hours within the school day that are directly devoted to student learning in core academic subjects. (4)

School day

(A)

In general

The term school day means a day for which attendance is mandatory for all students attending an elementary school or secondary school in a State, and in which a minimum of 5½ instructional hours are delivered to students. (B)

Partial days

Two days for which attendance is mandatory for all students attending an elementary school or secondary school in a State and in which less than 51/2 instructional hours per day are delivered to students may be deemed to be 1 school day for purposes of this section, if the total instructional time for the 2 partial days meets or exceeds 51/2 instructional hours. (5)

State-mandated school year length

(A)

In general

Except as provided in subparagraphs (B) and (C), the term State-mandated school year length means the minimum number of school days an elementary school or secondary school student is required by the State to attend school in an academic year. In calculating the State-mandated school year length, days that the State permits to be waived due to teacher professional development, weather, or other reasons shall not be counted. (B)

States that mandate minimum number of instructional hours

In the case of a State that does not mandate a minimum number of school days for an academic year and does mandate a minimum number of instructional hours per academic year, the State-mandated school year length for such State shall be the quotient of— (i)the minimum number of mandated instructional hours per academic year, excluding hours that may be waived due to teacher professional development, weather, or other reasons; divided by (ii)the greater of— (I)the average number of instructional hours per school day in the State’s public elementary schools and secondary schools; or (II)6½ hours. (C)

States that do not mandate minimum number of days or hours

In the case of a State that does not mandate a minimum number of school days or a minimum number of instructional hours per academic year, the State-mandated school year length for such State shall be the average number of school days that elementary school or secondary school students in the State attended school during— (i)the preceding school year; or (ii)in the case where the preceding school year was significantly shorter due to a natural disaster during such school year, the school year that is preceding the preceding school year. (b)

School day factor

(1)

Adjustments authorized

(A)

In general

Notwithstanding any other provision of this part, the amount of a grant that a State or local educational agency is eligible to receive under section 1124(a), 1124A(a), 1125(b), or 1125A(b) shall be adjusted by multiplying such amount by the school day factor described in paragraph (2) that is applicable to such State or local educational agency, respectively, for such academic year. (B)

Timing of adjustment

The Secretary shall make the adjustment described in subparagraph (A) to the amount of a grant that a State or local educational agency is eligible to receive under section 1124, 1124A, 1125, or 1125A before applying any hold-harmless requirement, minimum grant amount requirement, or ratable reduction requirement under this part. (2)

School day factor

(A)

In general

The school day factor referred to in paragraph (1) that is applicable to each State and local educational agency in the State for an academic year is a percentage calculated as the sum of the following: (i)2/3 of such percentage shall be equal to— (I)the result of— (aa)the State-mandated school year length for the academic year preceding the academic year for which the calculation is made; divided by (bb)the base level school year length for the academic year preceding the academic year for which the calculation is made; multiplied by (II)100. (ii)1/3 of such percentage shall be equal to— (I)the result of— (aa)the State mandated minimum instructional hours per school day for the academic year preceding the academic year for which the calculation is made; divided by (bb)5.5; multiplied by (II)100. (B)

Special calculation rule

In making the calculation described in subparagraph (A) for a State, the value of subparagraph (A)(ii) shall be zero if the State mandated minimum instructional hours per school day for the academic year preceding the academic year for which the calculation is made is less than the number of such State mandated minimum instructional hours for the academic year that precedes by two years the academic year for which the calculation is made.

. (b)

Table of contents

The table of contents in section 2 of the Elementary and Secondary Education Act of 1965 is amended by inserting after the item relating to section 1127 the following: Sec. 1128. School day factor. .