I 112th CONGRESS 1st Session H. R. 3614 IN THE HOUSE OF REPRESENTATIVES December 8, 2011 Ms. Roybal-Allard (for herself, Mr. Hinojosa, and Mr. Carnahan) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To reauthorize the Enhancing Education Through Technology Act of 2001.

1.

Short title

This Act may be cited as the Achievement Through Technology and Innovation Reauthorization Act of 2011.

2.

Achievement through technology and innovation

Part D of title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6751 et seq.) is amended to read as follows: D

Achievement through technology and innovation

2401.

Short title

This part may be cited as the Achievement Through Technology and Innovation Act of 2011 or the ATTAIN Act.

2402.

Purposes and goals

The purposes and goals of this part are— (1)to ensure that through effective and innovative uses of technology that every student has access to personalized, rigorous, and relevant learning to meet the goals of this Act to raise student achievement, close the achievement gap, and ensure highly effective teaching, and to prepare all students to be technology literate and college and career ready for the 21st century digital economy; (2)to evaluate, build upon, and increase the use of evidence-based and innovative systemic school redesigns that center on the use of technology that leads to school improvement, improved productivity, and increased student achievement; (3)to ensure that all educators are connected in an ongoing manner to technology-based and online resources and supports, including through enhanced ongoing, meaningful professional development to ensure that— (A)all educators are technology literate and effectively use technology to improve instruction; and (B)education administrators possess the capacity to— (i)provide leadership in the use of technology for systemic redesign of curriculum, instruction, and the education enterprise; and (ii)improve educational productivity; (4)to improve student engagement, opportunity, attendance, graduation rates, and technology access through enhanced or redesigned curriculum or instruction; (5)to more effectively collect and use student performance and other data in a timely manner to inform instruction, address individualized student needs, support school decisionmaking, and support school improvement and increased student achievement, including through delivery of computer-based and online assessments; (6)to enhance the use of technology, online and blended learning for systemic education transformation, including curricula redesign and new instructional strategies to personalize learning; and (7)to increase education productivity and reduce costs through the use of technology, blended and online learning, including for the delivery of online assessments.

2403.

Definitions

In this part: (1)

Local educational agency

The term local educational agency includes a consortium of local educational agencies. (2)

Student technology literacy

The term student technology literacy means student knowledge and skills in using contemporary information, communication, and learning technologies in a manner necessary for successful employment, life-long learning, and citizenship in the knowledge-based, digital, and global 21st century, as further defined by the State educational agency, which includes, at a minimum, the ability— (A)to effectively communicate and collaborate; (B)to analyze and solve problems; (C)to access, evaluate, manage, and create information and otherwise gain information literacy; (D)to demonstrate creative thinking, construct knowledge, and develop innovative products and processes; and (E)to do so in a safe and ethical manner.

2404.

Authorization of appropriations

(a)

In General

There are authorized to be appropriated to carry out this part, $1,000,000,000 for fiscal year 2012, and such sums as may be necessary for each of the 5 succeeding fiscal years. (b)

Allocation of Funds Between State and Local Initiatives

The funds made available under subsection (a) shall be available to carry out subparts 1 and 2, as described in subsection (d). (c)

Limitation

(1)

Local administrative costs

Of the funds made available to a local educational agency under this part for a fiscal year, not more than 3 percent may be used by the local educational agency for administrative costs. (2)

State administrative costs

Of the funds made available to a State educational agency under section 2412(a)(1)(A), not more than 60 percent may be used by the State educational agency for administrative costs. (d)

Trigger

For fiscal years— (1)for which the amount appropriated to carry out this part is less than $300,000,000, all funds available under subsection (b)(2) shall be available to carry out subpart 2; and (2)for which the amount appropriated to carry out this part equals or is more than $300,000,000, all funds available under subsection (b)(2) shall be available to carry out subpart 1.

1

State and Local Grants

2411.

Allotment and reallotment

(a)

Reservations and Allotment

From the amount made available to carry out this subpart under section 2404(b)(2) for a fiscal year— (1)the Secretary shall reserve— (A)3/4 of 1 percent for the Secretary of the Interior for programs under this subpart for schools operated or funded by the Bureau of Indian Affairs; and (B)½ of 1 percent to provide assistance under this subpart to the outlying areas; and (2)subject to subsection (b), the Secretary shall use the remainder to award grants by allotting to each State educational agency an amount that bears the same relationship to such remainder for such year as the amount received under part A of title I for such year by such State educational agency bears to the amount received under such part for such year by all State educational agencies. (b)

Minimum Allotment

The amount of any State educational agency's allotment under subsection (a)(2) for any fiscal year shall not be less than ½ of 1 percent of the amount made available for allotments to State educational agencies under this subpart for such year. (c)

Reallotment of Unused Funds

The Secretary shall reallot any unused amount of a State educational agency's allotment to the remaining State educational agencies that use their entire allotments under this subpart in accordance with this section.

2412.

Use of allotment by State

(a)

In General

(1)

In general

Of the amount provided to a State educational agency under section 2411(a)(2) for a fiscal year— (A)the State educational agency may use not more than 5 percent of such amount or $100,000, whichever amount is greater, to carry out activities under section 2414; and (B)the State educational agency shall distribute the remainder in accordance with paragraphs (2) and (3). (2)

Distribution of remainder

The State educational agency shall carry out the following: (A)The State educational agency shall use 60 percent of the remainder to award Improving Teaching and Learning through Technology subgrants to local educational agencies having applications approved under section 2415(c) for the activities described in section 2416(b) by allotting to each such local educational agency an amount that bears the same relationship to 60 percent of the remainder for such year as the amount received under part A of title I for such year by such local educational agency bears to the amount received under such part for such year by all local educational agencies within the State, subject to subsection (b)(2). (B)The State educational agency shall use 40 percent of the remainder to award Systemic School Redesign through Technology Integration subgrants, through a State-determined competitive process, to local educational agencies having applications approved under section 2415(b) for the activities described in section 2416(a). (3)

Option in years with insufficient amounts appropriated

If the amount provided to a State educational agency under section 2411(a)(2) for a fiscal year is not large enough to provide every local educational agency with a minimum subgrant under subsection (b)(2), the State educational agency may distribute 100 percent of the remainder described in paragraph (1)(B) as either formula grants under paragraph (2)(A) or competitive grants under paragraph (2)(B). (b)

Sufficient amounts

(1)

Special rule

In awarding subgrants under subsection (a)(2)(B), the State educational agency shall— (A)ensure the subgrants are of sufficient size and scope to be effective, consistent with the purposes of this part; (B)ensure subgrants are of sufficient duration to be effective, consistent with the purposes of this part, including by awarding subgrants for a period of not less than 2 years that may be renewed for not more than an additional 1 year; (C)give preference in the awarding of subgrants, and the providing of all technical assistance, to local educational agencies that serve schools in need of improvement, as identified under section 1116, including those schools with high populations of— (i)students who are English Language Learners; (ii)students with disabilities; or (iii)other subgroups of students who have not met the State's student academic achievement standards; and (D)ensure an equitable distribution among urban and rural areas of the State, according to the demonstrated need for assistance under this subpart of the local educational agencies serving the areas. (2)

Minimum formula-based subgrant

The amount of any local educational agency's subgrant under subsection (a)(2)(A) for any fiscal year shall be not less than $3,000. (c)

Reallotment of Unused Funds

If any local educational agency does not apply for a subgrant under subsection (a) for a fiscal year, or does not use the local educational agency's entire allotment under this subpart for such fiscal year, the State shall reallot any unused funds to the remaining local educational agencies.

2413.

State applications

(a)

In General

To be eligible to receive a grant under this subpart, a State educational agency shall submit to the Secretary, at such time and in such manner as the Secretary may specify, an application containing the contents described in subsection (b) and such other information as the Secretary may reasonably require. (b)

Contents

Each State educational agency application submitted under subsection (a) shall include each of the following: (1)A description of how the State educational agency will support local educational agencies that receive subgrants under this subpart in meeting the purposes and goals of this part and the requirements of this subpart, including through technical assistance in using technology to redesign curriculum and instruction, improve educational productivity, and deliver computer-based and online assessment. (2)A description of the State educational agency's long-term goals and strategies for improving student academic achievement, including student technology literacy, through the effective use of technology. (3)A description of the priority area upon which the State educational agency will focus its assistance under this subpart, which shall be identified from among the core academic subjects, grade levels, and student subgroup populations that may be causing the most number of local educational agencies in the State to not make adequate yearly progress, as defined in section 1111(b)(2)(C). (4)A description of how the State educational agency will support local educational agencies to implement, professional development programs pursuant to section 2416(b)(1)(A). (5)A description of how the State educational agency will ensure that teachers, paraprofessionals, school librarians, and administrators possess the knowledge and skills to use technology— (A)for curriculum redesign to change teaching and learning and improve student achievement; (B)for assessment, data analysis, and to personalize learning; (C)to improve student technology literacy; and (D)for their own ongoing professional development and for access to teaching resources and tools. (6)A description of the process, activities, and performance measures that the State educational agency will use to evaluate the impact and effectiveness of activities described in section 2414. (7)Identification of the State challenging academic content standards and challenging student academic achievement standards that the State educational agency will use to ensure that each student is technology literate consistent with the definition of student technology literacy, and a description of how the State educational agency will assess student performance in gaining technology literacy, only for the purpose of tracking progress towards achieving the 8th grade technology literacy goal and not for meeting adequate yearly progress goals, including through embedding such assessment items in other State tests or performance-based assessments portfolios, or through other valid and reliable means. Nothing in this subpart shall be construed to require States to develop a separate test to assess student technology literacy. (8)An assurance that financial assistance provided under this subpart will supplement, and not supplant, State and local funds. (9)A description of how the State educational agency will, in providing technical and other assistance to local educational agencies, give priority to those identified by the State as being in the highest need of assistance, including those with the highest percentage or number of students from families with incomes below the poverty line, students not achieving at the State proficiency level with student populations identified under section 2412(b)(1)(C), or schools identified as in need of improvement under section 1116. (10)A description of how the State educational agency consulted with local educational agencies in the development of the State application.

2414.

State activities

(a)

Mandatory activities

From funds made available under section 2412(a)(1)(A), a State educational agency shall carry out each of the following activities: (1)Identify the State challenging academic content standards and challenging student academic achievement standards that the State educational agency will use to ensure that each student is technology literate consistent with the definition of student technology literacy. (2)Assess student performance in gaining technology literacy consistent with paragraph (1), including through embedding such assessment items in other State tests, performance-based assessments, or portfolios, or through other means, except that such assessments shall be used only to track student technology literacy and shall not be used to determine adequate yearly progress, and widely disseminate such results. (3)Provide guidance, technical assistance, and other assistance, including in the priority area identified by the State pursuant to section 2413(b)(3), in using technology to improve teaching and redesign curriculum and instruction, improve educational productivity, and deliver computer-based and online assessment, and in submitting applications for funding under this part to high-need local educational agencies— (A)with the highest percentage or number of— (i)students not achieving at the State proficiency level; and (ii)student populations described in section 2412(b)(1)(C); and (B)serving schools identified as in need of improvement under section 1116. (b)

Permissive activities

From funds made available under section 2412(a)(1)(A), a State educational agency may carry out 1 or more of the following activities that assist local educational agencies: (1)State leadership activities and technical assistance that support achieving the purposes and goals of this part. (2)Developing or utilizing research-based or innovative strategies for the delivery of specialized or rigorous academic courses and curricula through the use of technology, including distance learning technologies. (3)Providing, or supporting local educational agencies in providing, sustained and intensive, high-quality professional development pursuant to section 2416(b)(1)(A). (4)Assessing student performance in gaining technology literacy consistent with subsection (a)(2), including through embedding such assessment items in other State tests, performance-based assessments, or portfolios, or through other means.

2415.

Local applications

(a)

In General

Each local educational agency desiring a subgrant under this subpart shall submit to the State educational agency an application containing a new or updated local long-range strategic educational technology plan, and such other information as the State educational agency may reasonably require that shall include each of the following: (1)A description of how the local educational agency will align and coordinate the local educational agency's use of funds under this subpart with— (A)the school district technology plan; (B)the school district plans and activities for improving student achievement, including plans and activities under sections 1111, 1112, 1116, and 2123, as applicable; and (C)funds available from other Federal, State, and local sources. (2)An assurance that financial assistance provided under this subpart will supplement, and not supplant, other funds available to carry out activities assisted under this subpart. (3)A description of the process used to assess and, as needed, update technologies throughout the local educational agency. (4)Such other information as the State educational agency may reasonably require. (b)

Competitive Grants; Systemic School Redesign Through Technology Integration

In addition to the information described in subsection (a), a local educational agency submitting an application for a subgrant under section 2412(a)(2)(B) shall submit to the State educational agency an application containing each of the following: (1)A description of how the local educational agency will use the subgrant funds to implement systemic school redesign, which is a comprehensive set of programs, practices, and technologies that— (A)collectively lead to school or school district change and improvement, improve educational productivity, and improve student achievement and technology literacy; and (B)incorporate all of the following elements: (i)Reform or redesign of curriculum, instruction, assessment, use of data, or other practices through the use of technology in order to increase student learning opportunity, and engagement in learning. (ii)Improvement of educator quality, knowledge and skills, and effectiveness through ongoing, sustainable, timely, and contextual professional development described in section 2416(b)(1)(A). (iii)Ongoing use of formative and other assessments and other timely data sources and data systems to more effectively identify individual student learning needs and personalize learning. (iv)Engagement of school district leaders, school leaders, and classroom educators. (v)Programs, practices, and technologies that are based on a review of the best available research evidence or on development and use of new and innovative designs, programs, practices, and technologies. (2)An assurance that the local educational agency will use not less than 25 percent of the subgrant funds to implement a program of professional development described in section 2416(b)(1)(A). (3)A description of how the local educational agency will evaluate the impact of 1 or more programs or activities carried out under this subpart. (c)

Formula Grants; Improving Teaching and Learning Through Technology

In addition to the information described in subsection (a), a local educational agency submitting an application for a subgrant under section 2412(a)(2)(A) shall submit to the State educational agency an application containing each of the following: (1)An assurance that the local educational agency will use not less than 40 percent of the subgrant funds for ensuring educators, including teachers and administrators, are technology literate, prepared to use technology to improve curriculum and instruction, and are connected online to supports and resources, including for— (A)professional development described in section 2416(b)(1)(A); and (B)to provide educators with ongoing access to technology tools, applications, supports and other resources, including those related specifically to such professional development activities. (2)A description of the local educational agency's program of professional development required under paragraph (1)(A). (3)A description of the use of technology tools, applications, and other resources to improve student learning and achievement in the area of priority identified under paragraph (4). (4)A description of the priority area subgrant funds will target, identified from among the core academic subjects, grade levels, and student subgroup populations in which the most number of students served by the local educational agency are not proficient. (5)A description of how funds will be used to integrate technology to redesign curriculum or instruction, implement computer-based and online assessments, improve use of data to personalize learning, or improve education productivity. (d)

Combined Applications

A local educational agency that submits an application under subsection (b), may, upon notice to the State educational agency, submit a single application that will also be considered as an application for subgrant funds awarded under subsection (c), if the application addresses each application requirement under subsections (a), (b), and (c).

2416.

Local activities

(a)

Competitive Grants; Systemic School Redesign Through Technology Integration

A local educational agency that receives funds through a subgrant under section 2412(a)(2)(B), shall carry out activities to improve student learning, technology literacy, and achievement, as follows: (1)Use not less than 5 percent of such funds to evaluate the impact of 1 or more programs or activities carried out under the subgrant as identified in the local educational agency's application and approved by the State educational agency. (2)Use funds remaining after carrying out paragraph (1) to implement a plan for systemic school redesign in 1 or more schools, in accordance with section 2415(b)(1), including each of the following: (A)Using not less than 25 percent of subgrant funds to ensure educators, including teachers and administrators, are technology literate, prepared to use technology to improve curriculum and instruction, and are connected online to supports and resources, including through the following: (i)Professional development activities, as described in subsection (b)(1)(A). (ii)The acquisition and implementation of technology tools, applications, and other resources to provide educators with ongoing access and support, including for use in the professional development activities described in clause (i). (B)Acquiring and effectively implementing technology tools, applications, and other resources in conjunction with enhancing or redesigning the curriculum or instruction in order to— (i)increase student learning opportunity or access, student engagement in learning, or student attendance or graduation rates; (ii)improve student achievement in 1 or more of the core academic subjects; and (iii)improve student technology literacy. (C)Acquiring and effectively implementing technology tools, applications, and other resources to— (i)conduct ongoing formative and other assessments and use other timely data sources and data systems to more effectively identify and address individual student learning needs; (ii)support personalized student learning, including through instructional software and digital content that supports the learning needs of each student, or through providing access to high-quality courses and instructors otherwise not available except through technology and online learning; and (iii)conduct other activities consistent with research-based or innovative systemic school redesign, including activities that increase parental involvement. (b)

Formula Grants; Improving Teaching and Learning Through Technology

A local educational agency that receives funds through a subgrant under section 2412(a)(2)(A), shall carry out activities to improve student learning, technology literacy, and achievement in the area of priority identified under section 2415(c)(4), as follows: (1)Use not less than 40 percent of such funds for professional development activities that are aligned with activities supported under section 2123 to improve educator quality and skills through support for the following: (A)Training of school personnel, which— (i)shall include the development, acquisition, or delivery of— (I)training that is ongoing, sustainable, timely, and directly related to up-to-date teaching content areas; (II)training in strategies and pedagogy in the core academic subjects that involve use of technology and curriculum redesign as key components of changing teaching and learning and improving student achievement and technology literacy; (III)training in the use of computer-based and online assessments, and in the use of student performance and other data to individualized instruction; and (IV)training that includes ongoing communication and follow-up with instructors, facilitators, and peers; and (ii)may include— (I)the use of, and training of, instructional technology specialists, mentors, master teachers, or coaches to serve as experts and train other teachers in the effective use of technology; and (II)the use of technology, such as distance learning and online virtual educator-to-educator peer communities, as a means for delivering professional development. (B)The acquisition and implementation of technology tools, applications, and other resources to be employed in the professional development activities described in subparagraph (A). (2)Use funds remaining after carrying out paragraph (1) to acquire or implement technology tools, applications, and other resources to improve student learning, technology literacy, and achievement in the area of priority identified by the local educational agency, including through 1 or more of the following: (A)Conducting ongoing formative assessment and using other timely data sources and data systems to more effectively identify and address individual student learning needs. (B)Supporting personalized student learning, including through instructional software and digital content that supports the learning needs of each student, or through providing access to high-quality courses and instructors not otherwise available except through technology such as online learning. (C)Increasing parental involvement through improved communication with teachers and access to student assignments and grades. (D)Enhancing accountability, instruction, and data-driven decisionmaking through data systems that allow for management, analysis, and disaggregating of student, teacher, and school data. (E)Such other activities as are appropriate and consistent with the goals and purposes of this part. (c)

Multiple Grants

A local educational agency that receives a subgrant under subparagraph (A) and subparagraph (B) of section 2412(a)(2) may use all such subgrant funds for activities authorized under subsection (a).

2

State Competitive Grants

2421.

State competitive grants

(a)

In general

From the amount made available to carry out this subpart under section 2404(b)(2) for a fiscal year, the Secretary shall award grants to State educational agencies, and consortia of such agencies, having applications approved under subsection (b) for the activities described in subsection (d). (b)

Applications

(1)

In general

To be eligible to receive a grant under this subpart, a State educational agency or consortium of State educational agencies shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may reasonably require, including the information described in paragraph (2). (2)

Contents

An application submitted by a State educational agency or consortium of State educational agencies for a grant under this subpart shall include the following: (A)In the case of an applicaton by a consortium, an identification of the States included in the consortium, and which State will act as both fiscal agent and lead grant administrator. (B)A description of how the applicant will support local educational agencies in achieving the absolute priority of supporting enhanced use of technology, including online and blended learning for systemic education transformation, curricula redesign, and new instructional strategies to personalize learning. (C)An identification of an additional priority the applicant will address and a description of how the applicant will support local educational agencies in achieving the priority. Such priority shall be 1 or more of the following: (i)Preparing for and administering State assessments online. (ii)Using technology and blended learning to improve education productivity and reduce education costs. (iii)Preparing the capacity of administrators and other education leaders to lead systemic education transformation through technology. (D)A brief description of the applicant’s (or, in the case of an applicant that is a consortium of State educational agencies, each such agency’s) long-term goals and strategies for improving student academic achievement, including student technology literacy, through the effective use of technology and how the grant will support that plan’s implementation and achievement. (E)A description of how the applicant will use grant funds to improve the knowledge and skills of educators, including teachers and administrators, to more effectively use technology. (F)A description of the process, activities, and performance measures that the applicant will use to evaluate the impact and effectiveness of activities and to disseminate those findings. (G)An identification of the challenging academic content standards and challenging student academic achievement standards that the applicant will use to ensure that each student is technology literate. (H)An assurance that financial assistance provided under this subpart will supplement, and not supplant, State and local funds available for activities described in this subpart. (I)A description of how the applicant consulted with local educational agencies in the development of the application. (J)A listing of the local educational agencies that will receive subgrants, and a description of the activities the local educational agencies have agreed to undertake with such funds should the applicant be awarded a grant under this subpart. (K)A description of how the applicant will coordinate activities carried out with funds under this subpart with other Federal, State, and local funds and activities in order to leverage their impact beyond what could be accomplished directly with grant funds. (c)

Awards

In awarding grants under this subpart, the Secretary shall do the following: (1)Ensure the grants— (A)are of sufficient size and duration to be effective; (B)are distributed among States of diverse geographic locations and populations; and (C)serve students of greatest need. (2)Use the following characteristics of a State educational agency (or, in the case of an applicant that is a consortium of State educational agencies, the characteristics of each participating agency) as absolute priorities for awarding grants: (A)Bases student advancement and graduation on demonstrated competency regardless of seat-time, or time spent in a traditional classroom. (B)Seeks to ensure all students have access to high-quality digital content and online courses without arbitrary caps or other limitations on enrollment in online learning. (C)Has teacher certification or licensure requirements that require educators to be technology literate, including the ability to— (i)integrate technology into curriculum, instruction, and assessment; (ii)use data to personalize learning; or (iii)teach online. (D)Allows the use of State funds for technology tools and applications, if appropriate, to meet program goals and requirements, including ensuring that the State’s rules support adoption of electronic learning materials, including allowance that materials may be updated in an ongoing manner and can be acquired through subscription. (E)Has learning standards that include student technology literacy standards and learning performance standards that assess student technology literacy. (3)Use the following characteristics of a State educational agency (or, in the case of an applicant that is a consortium of State educational agencies, the characteristics of each participating agency) as competitive preference priorities for awarding grants: (A)Assessments are delivered online and may be taken when students have completed a particular course or unit of instruction, not at a specified time and date. (B)Has teacher certification reciprocity agreements with 1 or more other State educational agencies, including for online instruction. (C)Postsecondary and other teacher training institutions are required to provide, or supported in providing, training in online and blended instruction. (D)Directly supports technology tools and applications and ensure all students and teachers have high-speed access to the Internet. (E)Supports policies or plans facilitating the use of student owned devices in schools or that facilitate home access to digital content. (F)Has plans that support students with disabilities, advanced learners, below-grade-level learners, and English language learners. (d)

Use of Funds

A recipient of a grant under this subpart shall— (1)allocate not less than 75 percent of grant funds to local educational agencies to carry out the activities described in the application; and (2)use the funds remaining after carrying out paragraph (1) for State-level activities, as described in the application, including— (A)assessing the impact of grant funds; and (B)disseminating the findings of the recipient statewide and nationally and, in the case of a consortium, throughout the States within the consortium.

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