[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3845 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 3845

           To establish an alternative accountability model.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 31, 2012

  Mr. Polis introduced the following bill; which was referred to the 
                Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL


 
           To establish an alternative accountability model.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Growth to Excellence Act of 2012''.

SEC. 2. ACCOUNTABILITY MODEL.

    Section 1111(b) of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 6311(b)) is amended--
            (1) in paragraph (3), by adding at the end the following:
                    ``(E) Assessments above and below grade level.--
                            ``(i) In general.--Notwithstanding any 
                        other requirement of this paragraph, a State 
                        may carry out this paragraph through the use of 
                        adaptive assessments that--
                                    ``(I) are administered through a 
                                computerized means;
                                    ``(II) are aligned with grade-level 
                                academic content standards; and
                                    ``(III) measure academic growth 
                                above and below grade level.
                            ``(ii) Requirements for adaptive 
                        assessments.--For the results of any adaptive 
                        assessment to be included in the accountability 
                        model described under paragraph (12), such 
                        results must provide the information necessary 
                        to determine adequate student growth in 
                        accordance with paragraph (12)(C)(i).''; and
            (2) by adding at the end the following:
            ``(11) Criteria and implementation of accountability 
        model.--
                    ``(A) In general.--
                            ``(i) Transitional participation.--Prior to 
                        a State's adoption of college and career ready 
                        academic content standards and college and 
                        career ready assessments, as defined in 
                        subparagraphs (B) and (C) of paragraph (13), a 
                        State may apply to the Secretary to replace the 
                        State plan requirements under paragraph (2) 
                        with the accountability requirements under 
                        paragraph (12).
                            ``(ii) Required participation.--After the 
                        adoption of college and career ready academic 
                        content standards and college and career ready 
                        assessments, as defined in subparagraphs (B) 
                        and (C) of paragraph (13) and required under 
                        this subsection--
                                    ``(I) a State shall comply with 
                                this paragraph and paragraph (12) in 
                                lieu of paragraph (2); and
                                    ``(II) references in this Act to 
                                section 1111(b)(2) shall be deemed to 
                                be references to this paragraph and 
                                paragraph (12).
                    ``(B) Criteria.--A State that participates in the 
                accountability model described in paragraph (12) shall 
                carry out the following activities:
                            ``(i) Implement challenging college and 
                        career ready academic content standards, as 
                        defined in paragraph (13)(B).
                            ``(ii) Implement college and career ready 
                        assessments, as defined in paragraph 13(C).
                            ``(iii) For a secondary school that awards 
                        diplomas, measure graduation rates as defined 
                        in section 200.19(b)(1) of title 34, Code of 
                        Federal Regulations.
                            ``(iv) Assess not less than 2 of the 
                        following additional indicators of whether 
                        students are college and career ready:
                                    ``(I) Student scores on the ACT.
                                    ``(II) Student scores on the SAT.
                                    ``(III) The percentage of students 
                                who attend an institution of higher 
                                education.
                                    ``(IV) College remediation rates.
                                    ``(V) Results from Advanced 
                                Placement or International 
                                Baccalaureate exams.
                                    ``(VI) Student grade point averages 
                                at an institution of higher education.
                                    ``(VII) Rates of completion of the 
                                first year at an institution of higher 
                                education.
                            ``(v) Provide a comprehensive State system 
                        of accountability for schools that do not meet 
                        the standard for adequate student growth, as 
                        described in paragraph (12), which aims to 
                        ensure that each student is college and career 
                        ready before such student graduates from a 
                        secondary school that awards diplomas and which 
                        shall include, at a minimum--
                                    ``(I) the evaluation of each school 
                                and each group of students described in 
                                paragraph (2)(C)(v)(II) against annual 
                                progress targets described in 
                                subclauses (V) and (VI) of paragraph 
                                (12)(B)(i) that are aligned with the 
                                goal of ensuring that each student is 
                                college and career ready before such 
                                student graduates from secondary 
                                school;
                                    ``(II) a system of categorization 
                                that will group schools based on--
                                            ``(aa) how the overall 
                                        performance of students, and 
                                        the performance of each 
                                        subgroup of students described 
                                        in paragraph (2)(C)(v)(II), at 
                                        such school compares to each 
                                        annual progress target 
                                        described in subclauses (V) and 
                                        (VI) of paragraph (12)(B)(i); 
                                        and
                                            ``(bb) if the school is a 
                                        secondary school, how students 
                                        at such school perform when 
                                        measured against key indicators 
                                        of college and career 
                                        readiness, as described in 
                                        clauses (iii) and (iv);
                                    ``(III) supports and consequences 
                                for each school in the State, as 
                                appropriate for each school based on 
                                the categorization described in 
                                subclause (II); and
                                    ``(IV) incentives for schools that 
                                consistently exceed the annual progress 
                                targets described in subclauses (V) and 
                                (VI) of paragraph (12)(B)(i).
                            ``(vi) Adopt intervention mechanisms for 
                        schools, as described in section 1116.
                            ``(vii) Ensure that adequate student growth 
                        reports are delivered, in a timely manner, to 
                        parents and teachers (as appropriate) to enable 
                        parents and teachers to examine student 
                        progress toward becoming college and career 
                        ready.
                    ``(C) Assessments above and below grade level.--
                            ``(i) In general.--In carrying out the 
                        assessment requirements described in 
                        subparagraph (B)(ii), a State may use adaptive 
                        assessments described in paragraph (3)(E).
                            ``(ii) Requirements for adaptive 
                        assessments.--For the results of any adaptive 
                        assessment to be included in the accountability 
                        model described under paragraph (12), such 
                        results must provide the information necessary 
                        to determine adequate student growth in 
                        accordance with paragraph (12)(C)(i).
            ``(12) Accountability model.--
                    ``(A) In general.--Each State that will use an 
                accountability model under this paragraph shall submit 
                a plan to the Secretary, which shall demonstrate that 
                the State has developed and will implement a single, 
                statewide State accountability system that will be 
                effective in ensuring that all local educational 
                agencies, public elementary schools, and public 
                secondary schools meet the standard of adequate student 
                growth as defined under this paragraph.
                    ``(B) Components of the accountability model.--
                            ``(i) In general.--Each State 
                        accountability model shall--
                                    ``(I) be based on the academic 
                                standards and academic assessments 
                                adopted under paragraphs (1), (3), and 
                                (11), and other academic indicators 
                                consistent with subparagraph (C)(ii);
                                    ``(II) take into account the 
                                achievement of all public elementary 
                                school and secondary school students;
                                    ``(III) be the same accountability 
                                model that the State uses for all 
                                public elementary schools and secondary 
                                schools and all local educational 
                                agencies in the State;
                                    ``(IV) include components that 
                                recognize successful schools and that 
                                require intervention measures in 
                                struggling schools, which the State 
                                will use to hold local educational 
                                agencies and public elementary schools 
                                and secondary schools accountable for 
                                student achievement and for ensuring 
                                that such agencies and schools meet the 
                                standard of adequate student growth as 
                                described in subparagraph (C), in 
                                accordance with this paragraph;
                                    ``(V) establish annual progress 
                                targets for each school that--
                                            ``(aa) aim to reduce by 
                                        half, in less than six years--

                                                    ``(AA) the 
                                                difference between the 
                                                percentage of students 
                                                at the top performing 
                                                schools in the State 
                                                who meet the college 
                                                and career ready 
                                                academic content 
                                                standards described in 
                                                paragraph (13)(B) or 
                                                make adequate student 
                                                growth, as described in 
                                                subparagraph (C), and 
                                                the percentage of such 
                                                students at each school 
                                                that is not a top 
                                                performing school; and

                                                    ``(BB) for each 
                                                category of students 
                                                described in paragraph 
                                                (2)(C)(v)(II), the 
                                                difference between the 
                                                percentage of students 
                                                who meet the college 
                                                and career ready 
                                                academic content 
                                                standards described in 
                                                paragraph (13)(B) or 
                                                make adequate student 
                                                growth, as described in 
                                                subparagraph (C), at 
                                                the top performing 
                                                schools in the State, 
                                                and the percentage of 
                                                such students at each 
                                                school that is not a 
                                                top performing school; 
                                                or

                                            ``(bb) are required to 
                                        ensure that 100 percent of 
                                        students are making adequate 
                                        yearly growth to be on track to 
                                        college and career readiness 
                                        not later than the end of the 
                                        2019-2020 school year; or
                                            ``(cc) include another 
                                        method that is educationally 
                                        sound, rigorous, and will 
                                        result in ambitious, but 
                                        achievable, targets for all 
                                        students and the subgroups of 
                                        students described in paragraph 
                                        (2)(C)(v)(II); and
                                    ``(VI) establish annual progress 
                                targets for each secondary school that 
                                awards diplomas that--
                                            ``(aa) aim to reduce by 
                                        half, in less than 6 years, the 
                                        difference between the 
                                        percentage of all students and 
                                        for each subgroup of students 
                                        described in paragraph 
                                        (2)(C)(v)(II) who graduate from 
                                        such secondary school and 90 
                                        percent; or
                                            ``(bb) establishes another 
                                        single graduation rate goal for 
                                        each subgroup of students 
                                        described in paragraph 
                                        (2)(C)(v)(II) that is 
                                        educationally sound, rigorous, 
                                        ambitious and achievable; and
                                    ``(VII) establish a system of 
                                categorization and related 
                                interventions and rewards that groups 
                                local educational agencies based on 
                                their schools' and students' 
                                performance as measured by the annual 
                                progress targets established in (B)(i) 
                                (V) and (VI). States may also include 
                                additional indicators such as those 
                                established in 12(C)(ii) in their 
                                accountability system for local 
                                educational agencies.
                            ``(ii) Definition of top performing 
                        school.--In this paragraph, the term `top 
                        performing school' means a school that is 
                        ranked at the 90th percentile when all schools 
                        in a State are ranked (with separate rankings 
                        for elementary schools and for secondary 
                        schools) from lowest to highest, based on the 
                        percentage of students at each school who meet 
                        challenging college and career ready academic 
                        content standards.
                            ``(iii) Top performing schools.--A top 
                        performing school shall be considered a school 
                        that is meeting annual progress targets under 
                        subclauses (V) and (VI) of clause (i), for such 
                        time as the school remains a top performing 
                        school.
                    ``(C) Adequate student growth.--
                            ``(i) In general.--The term `adequate 
                        student growth' shall be defined by a State--
                                    ``(I) to mean--
                                            ``(aa) for each student at 
                                        a school who is not on track to 
                                        being college and career ready 
                                        in a subject, a rate of growth 
                                        indicating that the student 
                                        will be on track to being 
                                        college and career ready within 
                                        3 years, or by the last year of 
                                        student testing, whichever is 
                                        earlier; and
                                            ``(bb) for a student who is 
                                        on track to being college and 
                                        career ready in a subject, but 
                                        is not yet college and career 
                                        ready, a rate of growth equal 
                                        to not less than 1 year of 
                                        academic growth;
                                    ``(II) in a manner that--
                                            ``(aa) applies the same 
                                        high standards of academic 
                                        achievement to all public 
                                        elementary school and secondary 
                                        school students in the State;
                                            ``(bb) is statistically 
                                        rigorous, valid, and reliable;
                                            ``(cc) results in 
                                        continuous and substantial 
                                        student academic improvement; 
                                        and
                                            ``(dd) measures the 
                                        progress of public elementary 
                                        schools, secondary schools, 
                                        local educational agencies, and 
                                        the State based on the academic 
                                        assessments described in 
                                        paragraphs (3) and (11).
                            ``(ii) Measures of adequate school 
                        performance.--
                                    ``(I) In general.--A State may 
                                develop a composite measure of a 
                                school's adequate student growth, as 
                                described under this paragraph, to be 
                                used for public reporting, that may 
                                incorporate 1 or more of the following 
                                indicators:
                                            ``(aa) Overall student 
                                        cohort proficiency or growth to 
                                        proficiency on the assessments 
                                        adopted under paragraphs (3) 
                                        and (11) over a period of 2 or 
                                        more years.
                                            ``(bb) The percentage of 
                                        students who are making 
                                        sufficient growth to meet the 
                                        college and career ready 
                                        academic content standards, as 
                                        described in paragraph (13)(B), 
                                        before the last year that the 
                                        student is in the student's 
                                        current school, or in less than 
                                        3 years, whichever occurs 
                                        earlier.
                                            ``(cc) Progress in closing 
                                        achievement gaps between each 
                                        group of students listed in 
                                        paragraph (2)(C)(v)(II) and the 
                                        overall student population of 
                                        the school over a period of 2 
                                        or more years.
                                            ``(dd) For secondary 
                                        schools that award diplomas, a 
                                        continuous and substantial 
                                        increase in the graduation rate 
                                        (as defined in section 
                                        200.19(b)(1) of title 34, Code 
                                        of Federal Regulations).
                                            ``(ee) Year-to-year growth 
                                        and growth to proficiency on 
                                        the assessments adopted under 
                                        paragraphs (3) and (11).
                                            ``(ff) Attendance for all 
                                        public elementary school 
                                        students.
                                            ``(gg) The percentage of 
                                        students who earn sufficient 
                                        credits to be promoted to the 
                                        next grade.
                                            ``(hh) The percentage of 
                                        high school graduates who 
                                        attend an institution of higher 
                                        education.
                                            ``(ii) The percentage of 
                                        high school graduates who do 
                                        not require remediation at an 
                                        institution of higher 
                                        education.
                                    ``(II) Validity and reliability.--
                                The State shall ensure that each 
                                indicator described in this clause is 
                                rigorous, valid for the indicator's 
                                assigned use, reliable, and consistent 
                                with any relevant nationally recognized 
                                professional and technical standards.
                                    ``(III) Reporting of indicators.--A 
                                State shall publicly report each of the 
                                selected indicators that are included 
                                within the composite measure of 
                                adequate school performance, as 
                                described in this clause, in the 
                                aggregate and disaggregated by each 
                                group of students described in 
                                paragraph (2)(C)(v)(II).
                    ``(D) Annual improvement for schools.--Each year, 
                for a school to meet the standard for adequate student 
                growth under this paragraph, not less than 95 percent 
                of each group of students described in paragraph 
                (2)(C)(v)(II) who are enrolled in the school are 
                required to take the assessments, consistent with 
                paragraph (3), including subparagraph (C)(xi) of such 
                paragraph, and with--
                            ``(i) accommodations provided in the same 
                        manner as those provided under section 504 of 
                        the Rehabilitation Act of 1973 (29 U.S.C. 794); 
                        and
                            ``(ii) accommodations and alternative 
                        assessments provided in the same manner as 
                        those provided under section 612(a)(16)(A) of 
                        the Individuals with Disabilities Education 
                        Act.
                    ``(E) Evaluation.--
                            ``(i) Secretarial duties.--The Secretary 
                        shall--
                                    ``(I) establish a rigorous peer-
                                review process, which shall include a 
                                diverse board of experts and community 
                                stakeholders, to assist in the review 
                                of State accountability model plans, 
                                based on the criteria described in 
                                subparagraphs (B) and (C)(i);
                                    ``(II) appoint individuals to the 
                                peer-review process who are 
                                representative of parents, teachers, 
                                State educational agencies, and local 
                                educational agencies, and who are 
                                familiar with educational standards, 
                                assessments, accountability, the needs 
                                of low-performing schools, and other 
                                educational needs of students;
                                    ``(III) if the Secretary determines 
                                that the State plan does not meet the 
                                requirements of this paragraph, 
                                immediately notify the State of such 
                                determination and the reasons for such 
                                determination;
                                    ``(IV) not decline to approve a 
                                State's accountability model plan 
                                before--
                                            ``(aa) offering the State 
                                        an opportunity to revise its 
                                        accountability model plan;
                                            ``(bb) providing technical 
                                        assistance in order to assist 
                                        the State to meet the 
                                        requirements of this paragraph;
                                            ``(cc) providing a hearing; 
                                        and
                                            ``(dd) allowing the State 
                                        to communicate with peer 
                                        reviewers in order to further 
                                        explain or justify the merits 
                                        of the State's accountability 
                                        model plan; and
                                    ``(V) have the authority to 
                                disapprove a State accountability model 
                                plan for not meeting the requirements 
                                of this paragraph, but shall not have 
                                the authority to require a State, as a 
                                condition of approval of the State 
                                accountability model plan, to include 
                                in, or delete from, such plan 1 or more 
                                specific elements of the State's 
                                academic content standards or to use 
                                specific academic assessment 
                                instruments or items.
                            ``(ii) State revisions.--A State 
                        accountability model plan shall be revised by 
                        the State educational agency if it is necessary 
                        to satisfy the requirements of this paragraph.
                    ``(F) Approved schools.--If, as of the date of 
                enactment of the Growth to Excellence Act of 2012, a 
                State has already received approval from the Secretary 
                to use an accountability model, the Secretary may allow 
                such State a period of not more than 2 years from the 
                date of enactment of such Act to transition to the use 
                of the accountability model described in this 
                paragraph.
            ``(13) Definitions.--In this subsection:
                    ``(A) College and career ready.--The term `college 
                and career ready', when used with respect to a student, 
                means that the student meets the requirements necessary 
                to be admitted into credit-bearing, nonremedial, entry-
                level coursework at a State public institution of 
                higher education.
                    ``(B) College and career ready academic content 
                standards.--The term `college and career ready academic 
                content standards' means challenging academic content 
                standards (as required under paragraph (1)) that are--
                            ``(i) developed based on evidence that 
                        mastery of such standards corresponds to being 
                        college and career ready without the need for 
                        remediation; and
                            ``(ii)(I) common to a significant number of 
                        States; or
                            ``(II) approved by a system of public 4-
                        year institutions of higher education in the 
                        State, such that mastery of such standards 
                        leads to placement into credit-bearing, 
                        nonremedial, first-year coursework for a 
                        student admitted to an institution of higher 
                        education that is part of such system.
                    ``(C) College and career ready assessments.--The 
                term `college and career ready assessments' means an 
                assessment for mathematics and an assessment for 
                reading or language arts that--
                            ``(i) measures the annual academic growth 
                        of individual students;
                            ``(ii) is aligned with the college and 
                        career ready academic content standards 
                        described in this paragraph; and
                            ``(iii) meets the requirements under 
                        paragraph (3).
                    ``(D) On track to being college and career ready.--
                The term `on track to being college and career ready' 
                in a subject means that a student is performing at or 
                above grade level, such that the student will be 
                college and career ready in the subject before 
                graduation from secondary school, as measured by the 
                State assessment system.''.
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