1.This Act may be cited as the
S.O.S. (Save Our Schools) Act of
2012
.
2.Congress finds the following:
(1)The culture of
high-stakes testing created by the No Child Left Behind Act of 2001 has failed
our children, and has been especially harmful to America’s underserved
communities.
(2)The punitive
sanctions that schools face when testing scores do not improve have created a
culture of “teaching to the test” which leaves America students lacking in many
of the skills necessary to find success in life.
(3)The pressure for
schools to achieve positive test results has directly resulted in thousands of
cheating scandals on standardized tests in which teachers, administrators, and
others have actively changed test results or encouraged students to cheat on
tests.
(4)An investigative
series published in the USA Today in March of 2011 documented 1,610 cases of
standardized test-score manipulation in 6 States and the District of Columbia,
between 2009 and 2010.
(5)When America’s
laws incentivize bad behavior, it sends a clear signal that Congress must act
to change misguided public policy.
3.Amendments to the
Elementary and Secondary Education Act of 1965Except as otherwise expressly provided,
whenever in this Act an amendment or repeal is expressed in terms of an
amendment to, or a repeal of, a provision, the amendment or repeal shall be
considered to be made to a provision of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6301 et seq.).
4.Elimination of
school improvement provisionsSection 1003 (20 U.S.C. 6303) is
repealed.
5.Elimination of
testing provisions from State plansSection 1111(b) (20 U.S.C. 6311(b)) is
amended—
(1)in paragraph
(1)—
(A)by striking subparagraphs (A), (B), and
(D)(i)(II);
(B)in subparagraph
(D)(i)—
(i)by
redesignating subclause (III) as subclause (II); and
(ii)by
inserting and
at the end of subclause (I);
(C)in subparagraph
(E) by striking subparagraphs (A), (B), and (C)
and inserting
subparagraph (A)
; and
(D)by redesignating
subparagraphs (C), (D), (E), and (F) as subparagraphs (A), (B), (C), and (D),
respectively;
(2)by striking paragraphs (2), (3), (4), and
(10);
(3)in paragraph
(8)—
(A)in subparagraph
(A) by striking sections 1112(c)(1)(D), 1114(b), and 1115(c)
and
inserting sections 1114(b) and 1115(c)
; and
(B)in subparagraph
(C) by striking sections 1114(b)(1)(C) and 1115(c)(3)
and
inserting sections 1114(b)(1)(A) and 1115(c)(1)(D)
;
(4)in paragraph (9)
by striking that are identified under section 1116 and
;
and
(5)by redesignating paragraphs (5), (6), (7),
(8), and (9) as paragraphs (2), (3), (4), (5), and (6), respectively.
6.Elimination of
testing provisions from local educational agency plansSection 1112 (20 U.S.C. 6312) is
amended—
(1)by amending
subsection (b) to read as follows:
(b)In order to help
low-achieving children meet challenging achievement academic standards, each
local educational agency plan shall include—
(1)a description of high-quality student
academic assessments, if any, that the local educational agency and schools
served under this part will use to identify effectively students who may be at
risk for reading failure or who are having difficulty reading, through the use
of screening, diagnostic, and classroom-based instructional reading
assessments, as defined under section 1208;
(2)a description of the strategy the local
educational agency will use to coordinate programs under this part with
programs under title II to provide professional development for teachers and
principals, and, if appropriate, pupil services personnel, administrators,
parents and other staff, including local educational agency level staff in
accordance with sections 1118 and 1119;
(3)a description of how the local educational
agency will coordinate and integrate services provided under this part with
other educational services at the local educational agency or individual school
level, such as—
(A)Even Start, Head Start, Reading First,
Early Reading First, and other preschool programs, including plans for the
transition of participants in such programs to local elementary school
programs; and
(B)services for children with limited English
proficiency, children with disabilities, migratory children, neglected or
delinquent youth, Indian children served under part A of title VII, homeless
children, and immigrant children in order to increase program effectiveness,
eliminate duplication, and reduce fragmentation of the instructional
program;
(4)a description of the poverty criteria that
will be used to select school attendance areas under section 1113;
(5)a description of how teachers, in
consultation with parents, administrators, and pupil services personnel, in
targeted assistance schools under section 1115, will identify the eligible
children most in need of services under this part;
(6)a general
description of the nature of the programs to be conducted by such agency's
schools under sections 1114 and 1115 and, where appropriate, educational
services outside such schools for children living in local institutions for
neglected or delinquent children, and for neglected and delinquent children in
community day school programs;
(7)a description of
how the local educational agency will ensure that migratory children and
formerly migratory children who are eligible to receive services under this
part are selected to receive such services on the same basis as other children
who are selected to receive services under this part;
(8)if appropriate, a
description of how the local educational agency will use funds under this part
to support preschool programs for children, particularly children participating
in Early Reading First, or in a Head Start or Even Start program, which
services may be provided directly by the local educational agency or through a
subcontract with the local Head Start agency designated by the Secretary of
Health and Human Services under section 641 of the Head Start Act, or an agency
operating an Even Start program, an Early Reading First;
(9)a description of how the local educational
agency will meet the requirements of section 1119;
(10)a description of
the services the local educational agency will provide homeless children,
including services provided with funds reserved under section
1113(c)(3)(A);
(11)a description of
the strategy the local educational agency will use to implement effective
parental involvement under section 1118; and
(12)where
appropriate, a description of how the local educational agency will use funds
under this part to support after school (including before school and summer
school) and school-year extension
programs.
;
(2)in subsection (c)(1)—
(A)by striking
subparagraphs (C), (D), (K), (M), (N), and (O); and
(B)by redesignating
subparagraphs (E), (F), (G), (H), (I), (J), and (L) as subparagraphs (C), (D),
(E), (F), (G), (H), and (I), respectively;
(3)in subsection (e), by amending paragraph
(2) to read as follows:
(2)The State educational agency shall approve
a local educational agency's plan only if the State educational agency
determines that the local educational agency's plan meets the requirements of
this section.
;
and
(4)in subsection (g)—
(A)by striking
paragraph (4);
(B)by redesignating
paragraph (5) as paragraph (4); and
(C)by amending
paragraph (1) to read as follows:
(1)Each local educational agency using funds
under this part to provide a language instruction educational program as
determined in part C of title III shall, not later than 30 days after the
beginning of the school year, inform a parent or parents of a limited English
proficient child identified for participation or participating in, such a
program of—
(A)the reasons for the identification of their
child as limited English proficient and in need of placement in a language
instruction educational program;
(B)the child's level
of English proficiency, how such level was assessed, and the status of the
child's academic achievement;
(C)the methods of
instruction used in the program in which their child is, or will be
participating, and the methods of instruction used in other available programs,
including how such programs differ in content, instructional goals, and the use
of English and a native language in instruction;
(D)how the program in
which their child is, or will be participating, will meet the educational
strengths and needs of their child;
(E)how such program
will specifically help their child learn English, and meet age-appropriate
academic achievement standards for grade promotion and graduation;
(F)the specific exit
requirements for the program, including the expected rate of transition from
such program into classrooms that are not tailored for limited English
proficient children, and the expected rate of graduation from secondary school
for such program if funds under this part are used for children in secondary
schools;
(G)in the case of a
child with a disability, how such program meets the objectives of the
individualized education program of the child; and
(H)information pertaining to parental rights
that includes written guidance—
(i)detailing—
(I)the right that parents have to have their
child immediately removed from such program upon their request; and
(II)the options that
parents have to decline to enroll their child in such program or to choose
another program or method of instruction, if available; and
(ii)assisting parents in selecting among
various programs and methods of instruction, if more than one program or method
is offered by the eligible
entity.
.
7.Elimination of
testing provisions from schoolwide programsSection 1114(b) (20 U.S.C. 6314(b)) is
amended—
(1)in paragraph (1)—
(A)by striking
subparagraphs (A), (B), (H), and (I); and
(B)by redesignating subparagraphs (C), (D),
(E), (F), (G), and (J) as subparagraphs (A), (B), (C), (D), (E), and (F),
respectively;
(2)in paragraph (2)(A)—
(A)by striking
or other technical assistance provider under section
1117
;
(B)by striking clause
(iv);
(C)by inserting
and
at the end of clause (ii); and
(D)in clause (iii) by
striking ; and
and inserting a period; and
(3)in paragraph
(2)(B)(i)(I) by striking , after considering the recommendation of the
technical assistance providers under section 1117,
.
8.Elimination of
testing provisions from targeted assistance schoolsSection 1115(c) (20 U.S.C. 6315(c)) is
amended to read as follows:
(c)Components of a
Targeted Assistance School ProgramTo assist targeted assistance schools and
local educational agencies to meet their responsibility to provide for all
their students served under this part the opportunity to meet the State's
challenging student academic achievement standards in subjects as determined by
the State, each targeted assistance program under this section shall—
(1)ensure that planning for students served
under this part is incorporated into existing school planning;
(2)use effective
methods and instructional strategies that are based on scientifically based
research that strengthens the core academic program of the school and
that—
(A)give primary
consideration to providing extended learning time, such as an extended school
year, before- and after-school, and summer programs and opportunities;
(B)help provide an
accelerated, high-quality curriculum, including applied learning; and
(C)minimize removing
children from the regular classroom during regular school hours for instruction
provided under this part;
(3)coordinate with
and support the regular education program, which may include services to assist
preschool children in the transition from early childhood programs such as Head
Start, Even Start, Early Reading First or State-run preschool programs to
elementary school programs;
(4)provide
instruction by highly qualified teachers;
(5)in accordance with
subsection (e)(3) and section 1119, provide opportunities for professional
development with resources provided under this part, and, to the extent
practicable, from other sources, for teachers, principals, and
paraprofessionals, including, if appropriate, pupil services personnel,
parents, and other staff, who work with participating children in programs
under this section or in the regular education program;
(6)provide strategies
to increase parental involvement in accordance with section 1118, such as
family literacy services; and
(7)coordinate and
integrate Federal, State, and local services and programs, including programs
supported under this Act, violence prevention programs, nutrition programs,
housing programs, Head Start, adult education, vocational and technical
education, and job
training.
.
9.Elimination of
academic assessment and local educational agency and school
improvementSection 1116 (20
U.S.C. 6316) is repealed.
10.Elimination of
school support and recognitionSection 1117 (20 U.S.C. 6317) is
repealed.
11.
(a)Section 1111 (20 U.S.C.
6311) is amended—
(1)in subsection
(c)—
(A)in paragraph (3)
by striking the responsibilities of the State under sections 1116 and
1117, including carrying out
;
(B)in paragraph (4)
by striking , technical assistance under section 1117,
;
and
(C)in paragraph (6)
by striking , and will fulfill the State educational agency's
responsibilities regarding local educational agency improvement and school
improvement under section 1116, including such corrective actions as are
necessary;
; and
(2)in subsection
(h)—
(A)in paragraph
(1)—
(i)in
subparagraph (C)—
(I)by striking
clauses (i), (ii), (iii), (iv), (vi), and (vii); and
(II)by redesignating
clauses (v) and (viii) as clauses (i) and (ii), respectively; and
(ii)in
subparagraph (D)(vii) by striking , consistent with subsection
(b)(2),
;
(B)in paragraph
(2)(B) by amending clause (i) to read as follows:
(i)in the case of a local educational agency
information that shows how students served by the local educational agency
achieved on the statewide academic assessment compared to students in the State
as a whole; and
;
and
(C)in paragraph
(4)—
(i)by
striking subparagraphs (A), (B), (C), and (E); and
(ii)by redesignating subparagraphs (D), (F),
and (G) as subparagraphs (A), (B), and (C), respectively.
(b)Eligible school
attendance areasSection 1113(c) (20 U.S.C. 6313(c)) is amended
by striking paragraph (4).
(c)Section 1118(a)(2)(A) (20 U.S.C. 1118(a)(2)(A)) is
amended by striking , and the process of school review and improvement
under section 1116
.
(d)Qualifications
for teachers and paraprofessionalsSection 1119(k) (20 U.S.C.
6319(k)) is amended by striking , except that this paragraph shall not
apply with respect to requirements under section 1116(c)(3)
.
(e)Formula grants
to State educational agenciesSection 1202 (20 U.S.C. 6362) is
amended—
(1)in subsection (c)—
(A)by amending
paragraph (6) to read as follows:
(6)Limitation to
certain schoolsIn
distributing subgrant funds under this subsection, an eligible local
educational agency shall provide funds only to schools that both are among the
schools served by that eligible local educational agency with the highest
percentages or numbers of students in kindergarten through grade 3 reading
below grade level, based on the most currently available data and have the
highest percentages or numbers of children counted under section
1124(c).
.
(B)in paragraph
(7)(A)—
(i)by
striking clause (vi); and
(ii)by
redesignating clause (vii) as clause (vi);
(2)in subsection
(d)(5)(C)(ii)(IV) by striking , significantly increased the percentages
of students described in section 1111(b)(2)(C)(v)(II) who are reading at grade
level or above,
; and
(3)in subsection
(e)(1)(B) by striking , significantly increased the percentages of
students described in section 1111(b)(2)(C)(v)(II) who are reading at grade
level or above,
.
(f)Targeted
assistance grantsSection
1204(a) (20 U.S.C. 6364(a)) is amended to read as follows:
(a)Eligibility
Criteria for Awarding Targeted Assistance Grants to StatesBeginning with fiscal year 2004, from funds
appropriated under section 1202(b)(1)(E), the Secretary shall make grants, on a
competitive basis, to those State educational agencies that, for each of 2
consecutive years, demonstrate that schools receiving funds under section 1202
are improving the reading skills of students in grades 1, 2, and 3 based on
screening, diagnostic, and classroom-based instructional reading
assessments.
.
(g)Section
1208(1)(B) (20 U.S.C. 6368(1)(B)) is amended—
(1)by striking clause
(ii);
(2)by inserting
or
at the end of clause (i); and
(3)by redesignating
clause (iii) as clause (ii).
(h)Coordination of
migrant education activitiesSection 1308(b)(2)(A)(ii) is amended
by striking , credit accrual, and results from State assessments
required under section 1111(b)
and inserting , and credit
accrual
.
(i)Section 1501 (20 U.S.C. 6491) is
amended—
(1)in subsection
(a)(2)—
(A)by striking
subparagraphs (I) and (N); and
(B)by redesignating
subparagraphs (J), (K), (L), (M), and (O) as subparagraphs (I), (J), (K), (L),
and (M), respectively; and
(2)in subsection
(c)(2)—
(A)by striking
subparagraph (E); and
(B)by redesignating
subparagraph (F) as subparagraph (E).
(j)Section 1604(c) (20 U.S.C. 6514(c)) is amended to read as
follows:
(c)A State educational agency, in awarding
subgrants under this part, shall give priority to local educational agencies or
consortia that demonstrate a commitment to assist schools with budget
allocation, professional development, and other strategies necessary to ensure
the comprehensive school reforms are properly implemented and are sustained in
the
future.
.
(k)Local
Applications and needs assessmentSection 2122(b)(3) (20 U.S.C. 6622(b)(3))
is amended—
(1)by striking
subparagraph (C);
(2)by inserting
or
at the end of subparagraph (A); and
(3)in subparagraph
(B), by striking ; or
and inserting a period.
(l)Section 2131 (20 U.S.C. 6631) is amended to
read as follows:
2131.In this subpart, the term eligible
partnership
means an entity that—
(1)shall include—
(A)a private or State institution of higher
education and the division of the institution that prepares teachers and
principals;
(B)a school of arts
and sciences; and
(C)a high-need local
educational agency; and
(2)may include another local educational
agency, a public charter school, an elementary school or secondary school, an
educational service agency, a nonprofit educational organization, another
institution of higher education, a school of arts and sciences within such an
institution, the division of such an institution that prepares teachers and
principals, a nonprofit cultural organization, an entity carrying out a
prekindergarten program, a teacher organization, a principal organization, or a
business.
.
(m)Technical
assistance and accountabilitySection 2141(c) (20 U.S.C. 6641(c)) is
amended by striking , and has failed to make adequate yearly progress as
described under section 1111(b)(2)(B),
.
(n)Section 2403(3)(B) (20 U.S.C. 6753(3)(B))
is amended to read as follows:
(B)has a substantial need for assistance in
acquiring and using
technology.
.
(o)Section
2414(b)(3)(A) (20 U.S.C. 6764(b)(3)(A)) is amended by striking , or
schools identified under section 1116,
.
(p)Section
3102(8) (20 U.S.C. 6812(8)) is amended to read as follows:
(8)to hold State educational agencies, local
educational agencies, and schools accountable for increases in English
proficiency and core academic content knowledge of limited English proficient
children by requiring demonstrated improvements in the English proficiency of
limited English proficient children each fiscal year;
and
.
(q)Section
3111(c)(4)(B)(ii)(II) (20 U.S.C. 6821(c)(4)(B)(ii)(II)) is amended by striking
section 1111(b)(7)
and inserting section
1111(b)(4)
.
(r)State and
specially qualified agency plansSection 3113(b) (20 U.S.C. 6823(b)) is
amended—
(1)in paragraphs
(3)(C) and (3)(D) by striking section 1111(b)(7)
and inserting
section 1111(b)(4)
; and
(2)in paragraph
(5)—
(A)by striking
subparagraph (B);
(B)by inserting
and
at the end of subparagraph (A); and
(C)by redesignating
subparagraph (C) as subparagraph (B).
(s)Section 3116(b)(3) (20
U.S.C. 6826(b)(3)) is amended—
(1)by striking
subparagraph (B);
(2)by inserting
and
at the end of subparagraph (A); and
(3)by redesignating
subparagraph (C) as subparagraph (B).
(t)Section 3121 (20 U.S.C. 6841) is
amended—
(1)in subsection (c)(1)—
(A)by striking
subparagraph (D); and
(B)by inserting
and
at the end of subparagraph (B); and
(2)in subsection (d)—
(A)by striking
paragraph (2);
(B)by inserting
and
at the end of paragraph (1); and
(C)by redesignating
paragraph (3) as paragraph (2).
(u)Achievement
objectives and accountabilitySection 3122(a)(3) (20 U.S.C. 6842(a)(3))
is amended to read as follows:
(3)Such annual measurable achievement
objectives shall include—
(A)at a minimum, annual increases in the
number or percentage of children making progress in learning English;
and
(B)at a minimum,
annual increases in the number or percentage of children attaining English
proficiency by the end of each school year, as determined by a valid and
reliable assessment of English proficiency consistent with section
1111(b)(4).
.
(v)Local
competitive grant programSection 4204(i)(1) (20 U.S.C.
7174(i)(1)) is amended to read as follows:
(1)In awarding grants under this part, a State
educational agency shall give priority to applications submitted jointly by
eligible entities consisting of not less than 1—
(A)local educational agency receiving funds
under part A of title I; and
(B)community-based organization or other
public or private
entity.
.
(w)Section 5131(a) (20 U.S.C. 7215(a)) is amended—
(1)by striking
paragraphs (9) and (27); and
(2)by redesignating paragraphs (10), (11),
(12), (13), (14), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24),
(25) and (26) as paragraphs (9), (10), (11), (12), (13), (14), (15), (16),
(17), (18), (19), (20), (21), (22), (23), (24), and (25), respectively.
(x)Section 5133(b)(9) (20 U.S.C. 7215b(b)(9)) is
amended by striking section 5131(a)(23)
and inserting
section 5131(a)(22)
.
(y)Section
5246(b)(3) (20 U.S.C. 7225e(b)(3)) is amended by striking , particularly
students who move from schools identified under section 1116 to schools not so
identified,
.
(z)Grants for State
assessments and related activitiesSection 6111(2)(B) (20 U.S.C.
7301(2)(B)) is amended by striking section 1111(b)(7)
and
inserting section 1111(b)(4)
.
(aa)Grants for
enhanced assessment instrumentsSection 6112(a)(1) (20 U.S.C. 7301a(a)(1))
is amended by striking beyond the requirements for such assessments
described in section 1111(b)(3)
.
(bb)Section 6113(b)(1) (20 U.S.C. 7301b(b)(1))
is amended by striking that are equal to or less than the amount
described in section 1111(b)(3)(D)
.
(cc)Section 6123(b)(1)
(20 U.S.C. 7305b(b)(1)) is amended—
(1)in subparagraph
(A), by striking (except a local educational agency identified for
improvement under section 1116(c) or subject to corrective action under section
1116(c)(9))
;
(2)by striking
subparagraph (B); and
(3)by redesignating
subparagraph (C) as subparagraph (B).
(dd)Section
6141(c)(1)(A) (20 U.S.C. 7315(c)(1)(A)) is amended to read as follows:
(A)information demonstrating, to the
satisfaction of the Secretary, that the grant of authority offers substantial
promise of aligning State and local reforms and assisting the local educational
agencies that enter into performance agreements with the State educational
agency under paragraph (2) in making such adequate yearly
progress;
.
(ee)Accountability
for adequate yearly progressSection 6161 (20 U.S.C. 7325) is amended to
read as follows:
6161.Accountability
for adequate yearly progressIn the case of a State educational agency
that has a plan approved under subpart 1 of part A of title I after the date of
enactment of the No Child Left Behind Act of 2001, and has a plan approved
under subpart 1 of part A of title III of such Act after such date of
enactment, the Secretary shall annually, starting with the beginning of the
first school year following the first two school years for which such plans
were implemented, review whether the State has met its annual measurable
achievement objectives under section
3122(a).
.
(ff)Section 6162 (20
U.S.C. 7325a) is amended by striking on data from the State assessments
administered under section 1111(b)(3) and
.
(gg)Section 6163 (20
U.S.C. 7325b) is amended to read as follows:
(a)Based on the
reviews described in section 6161, the Secretary may provide technical
assistance to a State that has failed to meet its annual measurable achievement
objectives under section 3122(a) for 2 consecutive years. The Secretary shall
provide such assistance not later than the beginning of the first school year
that begins after such determination is made.
(b)The technical assistance described in
subsection (a) shall be valid, reliable and rigorous and meet the annual
measurable achievement objectives under section
3122(a).
.
(hh)Section 6164 (20 U.S.C. 7325c) is amended—
(1)by striking paragraph (1);
(2)in paragraph (2),
by striking section 6161(2)
and inserting section
6161
; and
(3)by redesignating
paragraphs (2), (3), and (4) as paragraphs (1), (2), and (3),
respectively.
(ii)Section 6213 (20 U.S.C. 7345b) is
repealed.
(jj)Section 6224 (20 U.S.C. 7351c) is amended
by striking subsections (d) and (e).
(kk)Section 9101(25)(D) (20 U.S.C. 7801(25)(D))
is amended—
(1)by striking clause
(i); and
(2)by redesignating
clauses (ii) and (iii) as clauses (i) and (ii), respectively.
(ll)Section 9534(b) (20 U.S.C. 7914(b)) is amended by striking
section 1116 of title I and part B of title V, at the commencement of
the entity's participation in a grant under section 1116 of title I or
and inserting part B of title V, at the commencement of the entity's
participation in a grant under
.
12.Table of
contents amendmentsThe item
relating to sections 1003, 1116, 1117, and 6213 in the table of contents are
repealed.
13.This Act, and the
amendments made by this Act, shall take effect August 1, 2013.