[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1306 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1306

                To provide for secondary school reform.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 30, 2011

  Mrs. Hagan (for herself, Mr. Whitehouse, Mrs. Murray, and Mr. Kohl) 
introduced the following bill; which was read twice and referred to the 
          Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
                To provide for secondary school reform.

    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 ``Secondary School Reform Act of 
2011''.

SEC. 2. SECONDARY SCHOOL REFORM.

    (a) Purpose.--The purpose of this section is to ensure students 
graduate from secondary school with the knowledge and skills needed to 
succeed in college and the workforce and to increase graduation rates 
by providing grants to eligible entities to provide schools with the 
necessary resources to implement innovative and effective secondary 
school reform strategies.
    (b) Definitions.--In this section:
            (1) Competency-based learning model.--The term 
        ``competency-based learning model'' means an educational model 
        in which students advance upon mastery, educators use explicit 
        and measurable learning objectives to empower students, and 
        assessments are used as a learning experience for students.
            (2) Effective secondary school reform strategies.--The term 
        ``effective secondary school reform strategies'' means a set of 
        programs, interventions, and activities with demonstrated 
        effectiveness in improving the academic achievement of 
        struggling students or dropouts.
            (3) Eligible entity.--The term ``eligible entity'' means a 
        high-need local educational agency in partnership with 1 or 
        more external partners.
            (4) Eligible secondary school.--The term ``eligible 
        secondary school'' means a high school that--
                    (A) is eligible for funds under part A of title I 
                of the Elementary and Secondary Education Act of 1965 
                (20 U.S.C. 6311 et seq.);
                    (B) has a graduation rate below 75 percent;
                    (C) does not receive grant funds under section 
                1003(g) of the Elementary and Secondary Education Act 
                of 1965 (20 U.S.C. 6303(g)); and
                    (D) is identified as in need of improvement by a 
                local educational agency based on a district-wide needs 
                analysis and capacity assessment.
            (5) External partner.--The term ``external partner'' means 
        a public or private nonprofit organization, public or private 
        nonprofit institution of higher education, or nonprofit charter 
        management organization, with a demonstrated record of 
        successful secondary school reform.
            (6) Feeder middle school.--The term ``feeder middle 
        school'' means an elementary school or secondary school ending 
        in grade 8 from which a majority of students go on to attend an 
        eligible secondary school.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of Education.
            (8) Struggling student.--The term ``struggling student'' 
        means a student who exhibits outcomes or behaviors that 
        indicate the student is at an increased risk for low academic 
        achievement and is unlikely to achieve secondary school 
        graduation in the standard number of years.
    (c) Grants Authorized.--
            (1) In general.--
                    (A) Reservation.--
                            (i) In general.--From the total amount of 
                        funds appropriated to carry out this section 
                        for a fiscal year, the Secretary may reserve 
                        not more than 2.5 percent for national 
                        activities, which the Secretary shall use for 
                        technical assistance, data collection and 
                        dissemination, reporting activities, and the 
                        evaluation described in clause (ii).
                            (ii) Evaluation.--From the amount reserved 
                        under clause (i), the Director of the Institute 
                        of Education Sciences shall conduct an 
                        evaluation of the impact of the activities 
                        carried out under this section.
                    (B) Grants.--From the total amount of funds 
                appropriated to carry out this section for a fiscal 
                year and not reserved under subparagraph (A), the 
                Secretary shall award grants, on a competitive basis, 
                to eligible entities, based on the quality of the 
                applications submitted, of which--
                            (i) not more than 25 percent of grant funds 
                        shall be used for activities described in 
                        subsection (e)(1); and
                            (ii) not less than 75 percent of grant 
                        funds shall be used for activities described in 
                        paragraphs (2) and (3) of subsection (e) and 
                        subsection (f).
            (2) Grant duration.--Grants awarded under this section 
        shall be for a period of 5 years, conditional after 3 years on 
        satisfactory progress on the performance indicators described 
        in subsection (d)(2)(E).
            (3) Annual report.--Each eligible entity that receives a 
        grant under this section shall submit to the Secretary, at such 
        time and in such manner as the Secretary may require, an annual 
        report including data on the entity's progress on the 
        performance indicators described in subsection (d)(2)(E).
    (d) Application.--
            (1) In general.--An eligible entity that desires a grant 
        under this section shall submit an application to the Secretary 
        at such time, in such manner, and containing such information 
        as the Secretary may reasonably require.
            (2) Contents.--Each application submitted under paragraph 
        (1) shall include, at a minimum, a description of the 
        following:
                    (A) How the eligible entity will use funds awarded 
                under this section to carry out the activities 
                described in subsection (e)(1).
                    (B) The external partner's capacity and record of 
                success in secondary school reform and how the eligible 
                entity will sustain the activities proposed, including 
                the availability of funds from non-Federal sources and 
                coordination with other funding sources.
                    (C) How the eligible entity conducted a 
                comprehensive needs analysis and capacity assessment of 
                the secondary schools served by the eligible entity to 
                identify eligible secondary schools. The needs analysis 
                and capacity assessment shall carry out the following:
                            (i) Examine each secondary school's data in 
                        the aggregate and disaggregated by each of the 
                        categories of students described in section 
                        1111(b)(2)(C)(v)(II) of the Elementary and 
                        Secondary Education Act of 1965 (20 U.S.C. 
                        6311(b)(2)(C)(v)(II)) on the following:
                                    (I) Graduation rate and 
                                characteristics of those students that 
                                are not graduating, including such 
                                students' attendance, behavior, 
                                suspension rates, course performance, 
                                and credit accumulation rates.
                                    (II) Rates of dropout recovery (re-
                                entry).
                                    (III) Rates of college remediation, 
                                enrollment, persistence, and 
                                completion.
                                    (IV) Performance with respect to 
                                measures of career success.
                            (ii) Examine each secondary school and 
                        feeder middle school's data in the aggregate, 
                        and disaggregated by each of the categories of 
                        students described in section 
                        1111(b)(2)(C)(v)(II) of the Elementary and 
                        Secondary Education Act of 1965 (20 U.S.C. 
                        6311(b)(2)(C)(v)(II)), as applicable, on the 
                        following:
                                    (I) Student academic achievement, 
                                including the percentage of students 
                                who have on-time credit accumulation at 
                                the end of each grade and the percent 
                                of students failing a core, credit-
                                bearing, reading or language arts, 
                                science, or mathematics course, or 
                                failing 2 or more of any courses.
                                    (II) Percent of students who have 
                                an attendance rate lower than 90 
                                percent.
                                    (III) Annual rates of expulsions, 
                                suspensions, school violence, 
                                harassment, and bullying.
                                    (IV) Annual, average credit 
                                accumulation.
                                    (V) Annual, average attendance 
                                rates.
                                    (VI) Annual rates of student 
                                mobility.
                                    (VII) Curriculum alignment across 
                                all grade levels.
                                    (VIII) Non-academic barriers that 
                                impact student achievement and the 
                                availability of student and academic 
                                support services to address those 
                                barriers.
                            (iii) Examine and include a description of 
                        each eligible secondary school's capacity to 
                        implement the school reform activities under 
                        subsection (e)(3), including--
                                    (I) the number, experience, 
                                training level, responsibilities, and 
                                stability of existing administrative, 
                                instructional, and non-instructional 
                                staff for the eligible secondary 
                                school;
                                    (II) the budget, including how 
                                Federal, State, and local funds are 
                                being spent, as of the time of the 
                                assessment, for instruction and 
                                operations at the school level for 
                                staff salaries, instructional 
                                materials, professional development, 
                                and student support services, in order 
                                to establish the extent to which 
                                existing resources need to and can be 
                                reallocated to support the needed 
                                eligible secondary school activities; 
                                and
                                    (III) the technical assistance, 
                                additional resources, and staff 
                                necessary to implement the activities 
                                identified in subsection (e).
                            (iv) Include an assessment of the eligible 
                        entity's capacity to provide technical 
                        assistance, additional staff, and resources to 
                        implement the activities described in 
                        subsection (e).
                    (D) The strategies chosen to be implemented at the 
                eligible secondary schools, including--
                            (i) a rationale for reform strategies 
                        selected for each of the eligible secondary 
                        schools, including how the chosen strategy will 
                        most effectively address the needs identified 
                        through the needs analysis;
                            (ii) each eligible secondary school's 
                        capacity to implement the chosen reform 
                        strategies, including the quality of external 
                        partners and the qualifications of school 
                        leaders; and
                            (iii) a description of the performance of 
                        the eligible secondary schools and feeder 
                        middle schools, including the information 
                        requested in clauses (i) and (ii) of 
                        subparagraph (C).
                    (E) The performance indicators and targets the 
                eligible entity will use to assess the effectiveness of 
                the activities implemented under this section and to 
                determine whether the eligible secondary schools and 
                feeder middle schools will receive funds in years 4 and 
                5, including, in the aggregate and disaggregated by 
                each of the categories of students described in section 
                1111(b)(2)(C)(v)(II) of the Elementary and Secondary 
                Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)(v)(II)), 
                as applicable, including--
                            (i) graduation rates;
                            (ii) dropout recovery (re-entry) rates;
                            (iii) percentage of students with not less 
                        than a 90 percent attendance rate;
                            (iv) percentage of students who have on-
                        time credit accumulation at the end of each 
                        grade and the percentage of students failing a 
                        core, credit-bearing, reading or language arts, 
                        science, or mathematics course, or failing 2 or 
                        more of any courses;
                            (v) average annual credit accumulation 
                        rates;
                            (vi) rates of expulsions, suspensions, 
                        school violence, harassment, and bullying;
                            (vii) annual, average attendance rates;
                            (viii) annual rates of student mobility;
                            (ix) college remediation, enrollment, 
                        persistence, and completion rates; and
                            (x) percentage of students successfully--
                                    (I) completing Advanced Placement 
                                (AP) or International Baccalaureate 
                                (IB) courses;
                                    (II) completing rigorous 
                                postsecondary education courses; or
                                    (III) enrolling in and completing, 
                                as applicable, career and technical 
                                education, registered apprenticeship 
                                and workforce training programs.
    (e) Required Uses of Funds.--
            (1) In general.--An eligible entity that receives a grant 
        under this section shall use the grant funds to--
                    (A) implement an early warning indicator and 
                intervention system to help all middle schools and high 
                schools served by the eligible entity's local 
                educational agency to identify struggling students and 
                to create a system of evidence-based interventions to 
                be used by all schools to effectively intervene, by--
                            (i) identifying and analyzing, through the 
                        use of longitudinal data of past cohorts of 
                        students, the academic and behavioral 
                        indicators that most reliably predict dropping 
                        out of secondary school, such as attendance, 
                        behavior, academic performance in core courses, 
                        and earned on time promotion from grade-to-
                        grade;
                            (ii) analyzing the distribution of 
                        struggling students in secondary schools across 
                        all grades;
                            (iii) analyzing student progress and 
                        performance on the indicators identified under 
                        clause (i) to guide decisionmaking;
                            (iv) analyzing academic indicators to 
                        determine whether students are on track for on-
                        time secondary school graduation and college 
                        and career readiness;
                            (v) analyzing student data to assist 
                        students in grade and school transitions from 
                        kindergarten through high school graduation; 
                        and
                            (vi) developing a mechanism for regularly 
                        collecting, reporting, and making accessible to 
                        all schools served by the eligible entity--
                                    (I) student-level data on the 
                                indicators identified under clause (i);
                                    (II) student-level progress and 
                                performance, as described in clause 
                                (iii);
                                    (III) student-level data on the 
                                indicators described in clause (iv); 
                                and
                                    (IV) information about the impact 
                                of interventions on student outcomes 
                                and progress;
                    (B) provide support and credit recovery 
                opportunities for struggling students at secondary 
                schools served by the eligible entity by offering 
                activities, such as--
                            (i) a flexible school schedule to address 
                        struggling students' academic needs;
                            (ii) competency-based learning models and 
                        performance-based assessments to improve 
                        educational outcomes for over-aged or under-
                        credited students;
                            (iii) an opportunity to work with a teacher 
                        in a small group on core academic subjects; and
                            (iv) the provision of support services;
                    (C) provide dropout recovery or re-entry programs 
                to secondary schools that are designed to encourage and 
                support dropouts returning to an educational system, 
                program, or institution following an extended absence 
                in order to obtain a regular secondary school diploma 
                and essential workforce skills by--
                            (i) conducting outreach to students who 
                        have dropped out;
                            (ii) making information about effective, 
                        local dropout recovery programs publicly 
                        available; and
                            (iii) providing school counseling services;
                    (D) provide evidence-based grade and school 
                transition programs and supports from kindergarten 
                through high school graduation, including by ensuring 
                curricula alignment; and
                    (E) provide school leaders, instructional staff, 
                non-instructional staff, students, and families with 
                high-quality, easily accessible information about--
                            (i) secondary school graduation 
                        requirements;
                            (ii) postsecondary education application 
                        processes;
                            (iii) admissions processes and 
                        requirements, including all public financial 
                        aid and private scholarship and other grant aid 
                        opportunities; and
                            (iv) other programs and services for 
                        increasing rates of college access and success 
                        for students from low-income families.
            (2) Required use of funds in feeder middle schools.--An 
        eligible entity that receives a grant under this section shall 
        use the grant funds in feeder middle schools to improve the 
        academic achievement of their students and prepare them for 
        rigorous secondary school course work by taking actions such 
        as--
                    (A) using early warning indicator and intervention 
                systems described in paragraph (1)(A) to inform 
                coordinated academic and behavioral supports to improve 
                outcomes of their students;
                    (B) creating a personalized learning environment by 
                developing an academic plan for each student and 
                assigning not less than 1 adult to each student to help 
                monitor student progress;
                    (C) providing high-quality professional development 
                opportunities to school leaders, teachers, and other 
                school staff to prepare staff to--
                            (i) address the academic challenges of 
                        students in middle grades;
                            (ii) understand the developmental needs of 
                        students in the middle grades and how to 
                        address them in an educational setting;
                            (iii) implement data-driven interventions; 
                        and
                            (iv) provide academic guidance to students 
                        so the students can achieve the academic goals 
                        established in their academic plans; and
                    (D) implementing organizational practices and 
                school schedules that allow for collaborative staff 
                participation, team teaching, and common instructional 
                planning time.
            (3) Required use of funds in eligible secondary schools.--
        An eligible entity that receives a grant under this section 
        shall use the grant funds in eligible secondary schools to 
        carry out the following:
                    (A) Personalize the school experience by taking 
                steps such as--
                            (i) creating Academic Support Labs where 
                        struggling students can receive personalized 
                        instruction and opportunities for credit 
                        recovery;
                            (ii) having small classes with a low 
                        teacher-student ratio;
                            (iii) implementing competency-based models;
                            (iv) providing ongoing monitoring of 
                        student academic achievement and the necessary 
                        supports so the students are on track for on-
                        time secondary school graduation and college 
                        and career readiness; or
                            (v) cohort or block scheduling.
                    (B) Increase student engagement by providing 
                service-learning, experiential, and work-based and 
                other learning opportunities, such as--
                            (i) rigorous and relevant project-based 
                        contextual learning opportunities;
                            (ii) internship opportunities, including 
                        work-based internships;
                            (iii) community service, learning 
                        apprenticeships, and job shadowing; and
                            (iv) college campus visits, and college and 
                        career counseling.
                    (C) Provide school leaders with autonomy through a 
                flexible budget and hiring authority.
                    (D) Implement high-quality professional development 
                for teachers and school leadership teams and provide 
                increased opportunities for teachers to work 
                collaboratively and to participate in common planning, 
                within and across grades and subjects, to improve 
                instruction.
                    (E) Improve curriculum and instruction, by taking 
                actions such as--
                            (i) implementing a college and career ready 
                        curriculum for all students;
                            (ii) adopting effective, evidence-based 
                        curriculum and instructional materials aligned 
                        to high academic standards for all students; 
                        and
                            (iii) increasing rigor through Advanced 
                        Placement courses, International Baccalaureate 
                        courses, or another highly rigorous, evidence-
                        based, postsecondary preparatory program 
                        culminating in an examination administered by a 
                        nationally recognized educational association, 
                        as approved by the Secretary.
                    (F) Develop an individual graduation plan for each 
                student that defines each student's career and 
                postsecondary education goals, and provides the 
                individualized evidence-based interventions necessary 
                to meet the goals.
                    (G) Implement 1 of the following effective 
                secondary school reform strategies to prepare students 
                for college and a career, and to improve graduation 
                rates:
                            (i) Graduation Promise Academies, which 
                        include--
                                    (I) 9th grade academies taught by 
                                teams of teachers who work with small 
                                groups of students;
                                    (II) Career Academies for upper 
                                grades;
                                    (III) extended learning periods, 
                                such as cohort or block scheduling, to 
                                reduce the number of students for whom 
                                teachers are responsible and the number 
                                of courses students are taking at any 
                                one time;
                                    (IV) an after-hours credit recovery 
                                program;
                                    (V) curriculum coaches who provide 
                                high-quality professional development 
                                and support;
                                    (VI) partnerships among parents, 
                                teachers, administrators, community-
                                based organizations, and community 
                                members focused on improving student 
                                achievement; and
                                    (VII) a college-going culture, 
                                including student supports and 
                                guidance.
                            (ii) Career Academies, which--
                                    (I) establish career pathways by 
                                implementing a college and career ready 
                                curriculum that integrates rigorous 
                                academics, career and technical 
                                education, and experiential learning 
                                for high school students in high-skill, 
                                high-demand industries in collaboration 
                                with local and regional employers;
                                    (II) provide counseling to advance 
                                students' college and career goals;
                                    (III) collaborate with local 
                                employers to develop and provide work-
                                based experiences for high school 
                                students;
                                    (IV) establish an advisory 
                                committee that includes local and 
                                regional employers, nonprofit 
                                institutions of higher education, and 
                                others, to assist in the Career 
                                Academies' development and 
                                implementation;
                                    (V) modernize career-related 
                                equipment utilized by students; and
                                    (VI) provide dual enrollment 
                                opportunities with college credit-
                                bearing courses, including accelerated 
                                certificate programs with community 
                                colleges or other industry-recognized 
                                certificates.
                            (iii) Early College Schools, which--
                                    (I) partner with 1 or more public 
                                or nonprofit institutions of higher 
                                education;
                                    (II) conduct outreach programs to 
                                ensure that middle school and high 
                                school students and their families are 
                                aware of the Early College Schools;
                                    (III) design curriculum and 
                                sequence of courses in collaboration 
                                with teachers from the eligible 
                                secondary school and faculty from the 
                                partner institution of higher education 
                                so that students may simultaneously 
                                earn credits towards a high school 
                                diploma and either an associate degree 
                                or transferable postsecondary education 
                                credits toward a postsecondary degree;
                                    (IV) coordinate secondary and 
                                postsecondary support services, 
                                academic calendars, and transportation 
                                to allow students to visit and take 
                                courses at the institutions of higher 
                                education; and
                                    (V) provide academic and support 
                                services, including financial aid 
                                counseling, to enable students to make 
                                informed choices about their programs 
                                of study and ensure they are on track 
                                to college and career readiness.
    (f) Allowable Uses of Funds.--An eligible entity that receives a 
grant under this section may use grant funds to--
            (1) improve community and family engagement in the 
        educational attainment and achievement of struggling students 
        and dropouts by--
                    (A) leveraging community-based services and 
                opportunities to provide every student with the 
                academic and other supports necessary for academic 
                success; and
                    (B) increasing family engagement by providing 
                families with the necessary tools and data to support 
                their children's academic achievement and navigate the 
                public school system;
            (2) provide extended learning opportunities, such as--
                    (A) redesigning the school day, week, or year to 
                create extended learning time in core subjects; or
                    (B) utilizing block scheduling to create longer 
                class periods that allow teachers the time to teach in 
                depth and to use a variety of instructional strategies 
                that meet the needs of different kinds of learners;
            (3) increase student supports through evidence-based use of 
        student advisories, school counseling opportunities, case 
        management, and one-on-one mentoring; and
            (4) create smaller learning communities.
    (g) Matching Funds.--
            (1) In general.--An eligible entity that receives a grant 
        under this section shall provide matching funds, from non-
        Federal sources, in an amount equal to not less than 20 percent 
        of the amount of grant funds awarded in the first 3 years of 
        the grant, not less than 50 percent of the amount awarded in 
        the fourth year of the grant, and not less than 75 percent of 
        the amount awarded in the fifth year of the grant, as 
        applicable.
            (2) Waiver.--The Secretary may waive all or part of the 
        matching requirement described in paragraph (1) for any fiscal 
        year for an eligible entity if the Secretary determines that 
        applying the matching requirement to such eligible entity would 
        result in serious hardship or an inability to carry out the 
        authorized activities described in subsection (e).
    (h) Supplement Not Supplant.--An eligible entity shall use Federal 
funds received under this section only to supplement the funds that 
would, in the absence of such Federal funds, be made available from 
other Federal and non-Federal sources for the activities described in 
this section, and not to supplant such funds.
    (i) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this Act $300,000,000 for fiscal year 2012 
and such sums as may be necessary for each of the 5 succeeding fiscal 
years.
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