II 112th CONGRESS 1st Session S. 1311 IN THE SENATE OF THE UNITED STATES June 30, 2011 Mr. Sanders (for himself, Mr. Bingaman, Mr. Bennet, and Mrs. Hagan) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Elementary and Secondary Education Act of 1965 regarding 21st century community learning centers.

1.

Short title

This Act may be cited as the Improving Student Achievement and Engagement through Expanded Learning Time Act of 2011.

2.

21st century community learning centers

Part B of title IV of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7171 et seq.) is amended to read as follows: B

21st century community learning centers.

4201.

Purpose

The purpose of this part is to assist local educational agencies, nonprofit organizations, and partnerships between local educational agencies and nonprofit organizations or local governmental entities, in developing and implementing 21st century community learning centers that increase the extent to which— (1)students are provided additional time to engage in activities that improve their academic achievement and engagement; (2)students are provided additional time to participate in enrichment activities and to take advantage of opportunities to experience a fuller, richer education; and (3)local educational agencies, nonprofit organizations, and local governmental entities work in partnership to improve educational outcomes for students.

4202.

Definitions

In this part: (1)

Community learning center

The term community learning center means a program (such as an expanded learning time program, a before or after school program, a summer enrichment program or a summer school program) that provides additional time— (A)for students, including students with the greatest academic needs and students who are already meeting State academic achievement standards adopted under section 1111(b)(1), to participate in academic activities that are aligned with the instruction those students receive during the regular school day and are targeted to their academic needs; (B)for students to engage in enrichment and other activities that complement the academic program; and (C)which may be used to provide teachers with time to collaborate, plan, and engage in professional development within and across grades and subjects. (2)

Eligible local entity

The term eligible local entity means— (A)a local educational agency that receives funds under part A of title I, acting by itself or in partnership with a nonprofit organization or local governmental entity; or (B)a nonprofit organization, including a community-based organization. (3)

Expanded learning time program

The term expanded learning time program means a program that is implemented for all students in a school and that— (A)increases the total number of school hours for the school year at a school by not fewer than 300 hours through an expanded school day, expanded school week, or expanded school year schedule; (B)comprehensively redesigns and implements an expanded school schedule in order to provide additional time for instruction in core academic subjects (as well as other subjects or enrichment activities) and additional time for teachers and staff to collaborate, plan, and engage in professional development within and across grades and subjects; and (C)may be implemented in partnership with nonprofit organizations, including community-based organizations.

4203.

Reservation of funds

From the funds appropriated under section 4204 for any fiscal year, the Secretary shall reserve— (1)not more than 1 percent for national activities, including research development, data collection, technical assistance, outreach, dissemination, and other activities related to the purpose of this part; and (2)not more than 1 percent for the outlying areas and the Bureau of Indian Education to carry out the purpose of this part.

4204.

Authorization of appropriations

There are authorized to be appropriated to carry out this part $2,000,000,000 for fiscal year 2012 and each of the subsequent 5 years.

1

Grants for State educational agencies

4211.

State allotments

(a)

Determination

From the funds appropriated under section 4204 for any fiscal year and remaining after the Secretary makes reservations under section 4203, the Secretary shall allot for the fiscal year, to each State with an approved application under section 4212, an amount that bears the same relationship to the remainder as the amount the State received under subpart 2 of part A of title I for the preceding fiscal year bears to the amount all such States received under that subpart for the preceding fiscal year, except that no State shall receive less than an amount equal to one-half of 1 percent of the total amount made available to all such States under this subsection. (b)

Reallotment of unused funds

If a State does not receive an allotment under this subpart for a fiscal year, the Secretary shall reallot the amount of the State's allotment to the remaining States in accordance with this section.

4212.

Application

(a)

Application requirements

A State educational agency that desires to receive a grant under this subpart shall submit an application at such time, in such form, and including such information as the Secretary may require. At a minimum, the application shall include— (1)a description of how the State educational agency will— (A)use the grant funds, including funds reserved for State-level activities; (B)run a rigorous, high-quality competition for subgrants under subpart 2, including the criteria the State educational agency will use to select subgrant recipients; (C)coordinate the activities carried out under the grant with activities supported by other programs under this Act and the Individuals with Disabilities Education Act, as appropriate; (D)use the grant funds in a manner consistent with the State plan submitted under section 1111(a) to improve students’ readiness for success in postsecondary education and the workforce; (E)assist local educational agencies in coordinating the activities the local educational agencies carry out with grant funds with activities under other Federal and State programs in order to support a coherent approach to meeting the objectives of this part; (F)assist local educational agencies in identifying and partnering with nonprofit organizations with demonstrated experience in improving student achievement and engagement and demonstrated success in making progress in the applicable areas described in paragraphs (1) through (4) of section 4214; (G)(i)prioritize awarding subgrants to eligible local entities that will target the use of these funds on high-need schools in the State in order to significantly improve student academic achievement at these schools; and (ii)provide an equitable distribution of the grant funds among high-need elementary schools, middle schools, and high schools, based on the numbers of high-need students enrolled at such schools; (H)monitor and evaluate, on a regular basis, activities carried out by eligible entities receiving subgrants; (I)use benchmarks and performance goals to hold eligible local entities receiving subgrants accountable and to determine whether to provide the entities with an additional 2 years of expansion funds after the initial 3-year grant period; (J)develop, implement, or enhance a system of training and technical assistance that the State educational agency will provide to such eligible local entities that are not meeting the State educational agency’s performance goals; (K)offer a range of activities that capture student interest and support student engagement to promote higher class attendance, reduce grade retention, decrease dropout rates, and include activities that promote good health; and (L)consider and implement, to the extent practicable, consistent scheduling across schools to support students who are also the primary caregivers of a student enrolled in another school within the school district in order to support increased attendance; and (2)an assurance that the State educational agency will— (A)make subgrants of sufficient size and scope to meet the purpose of this part; (B)collect program-level outcome data from eligible entities on the performance indicators described in section 4214; and (C)ensure that grant funds will supplement, and not supplant, other Federal, State, and local education funds available to carry out these activities.

4213.

Use of funds

(a)

In general

Each State educational agency that receives an implementation grant under this subpart— (1)may reserve not more than 5 percent of its grant for State-level activities as described in subsections (b) and (c); and (2)shall use not less than 95 percent of its grant for each fiscal year to make subgrants to eligible local entities under subpart 2. (b)

Required State-Level activities

A State educational agency that receives an implementation grant shall use funds reserved under subsection (a)(1) to— (1)monitor and evaluate the eligible local entities receiving subgrants under subpart 2 to ensure that the entities are meeting program requirements; and (2)collect and analyze information on program outcomes. (c)

Authorized State-Level activities

In addition to carrying out the activities described in subsection (b), a State educational agency that receives a grant under this section may use funds reserved under subsection (a)(1) to— (1)provide training and technical assistance to eligible local entities and the schools they are serving under the grant in such areas as— (A)identifying outside partners to work with when implementing community learning centers; (B)working with teachers, principals, other relevant school staff, parents, and other stakeholders to review and improve local policies and practices in order to support the implementation of effective programs; (C)coordinating activities carried out under this program with other Federal, State, and local programs so as to implement high-quality programs; and (D)aligning activities carried out under this program with State academic content standards under section 1111(b)(1); and (2)administer the grant, including holding high-quality subgrant competitions and collecting and reporting data on performance indicators to the Secretary.

4214.

Performance indicators

Each State educational agency that receives a grant under this section shall collect information and, on an annual basis, report to the Secretary on the following performance indicators with respect to each program carried out under this section: (1)The average time added by the program to each of the following: (A)The school day. (B)The school week. (C)The school year. (2)The additional learning time provided to students through program funding under this part by activity type. (3)For the students participating in the program, in the aggregate and disaggregated by the categories described in section 1111(b)(2)(C)(v)(II): (A)Student participation and attendance rates in programs funded under this part. (B)Regular school day attendance. (C)Student achievement in core academic subjects. (D)Secondary school graduation rates. (E)Of the students who complete grade 8, the number who enroll and take courses in grade 9 in the following year. (4)Other performance indicators, as determined by the Secretary.

2

Subgrants for eligible local entities

4221.

Subgrants authorized

(a)

Program authority

A State receiving a grant under section 4211 shall award, on a competitive basis— (1)one-year planning subgrants to eligible local entities to enable the eligible local entities to develop and implement expanded learning time programs as part of a community learning center; and (2)multi-year implementation subgrants to eligible local entities to establish and operate community learning centers. (b)

Program eligibility

(1)

Planning grants

The State shall award planning subgrants under subsection (a)(1) only for eligible local entities planning to implement expanded learning time programs and not for any other program offered by a community learning center. (2)

Implementation grants

(A)

Duration

An implementation subgrant under subsection (a)(2) shall be for an initial period of not more than 3 years. (B)

Extension

A State receiving a grant under section 4211 shall extend a subgrant under subsection (a)(2) for not more than 2 additional years if a grantee— (i)is achieving the intended outcomes of the grant; and (ii)shows improvement against some or all of the baseline measures on the performance indicators described in paragraphs (1) through (4) of section 4214, as applicable.

4222.

Applications; award basis

(a)

Application requirements

In order to receive a subgrant under section 4221 from a State educational agency, an eligible local entity shall submit an application at such time, in such form, and including such information as the State educational agency may require. At a minimum, the application for a subgrant shall include a description of— (1)how the eligible local entity will use funds received under this subpart, including— (A)how the eligible local entity will select schools and nonprofit organizations to participate; (B)the time period and quality of the program that those schools and nonprofit organizations will operate; (C)how the activities will be aligned with the regular instruction those students receive during the regular school day and are targeted to their academic needs; and (D)how the program will be designed to make progress in the areas described in paragraphs (1) through (4) of section 4214; (2)evidence demonstrating that the proposed program is likely to succeed in improving student performance, student academic achievement, student academic growth, and student engagement; (3)how the eligible local entity will coordinate activities carried out using subgrant funds with other Federal, State, and local programs in a manner consistent with the State’s plan submitted under section 1111(a) in order to improve students’ readiness for postsecondary education and careers; (4)the role of nonprofit organizations that have been or will be working with the eligible local entity, including such organizations’ experience improving student achievement and demonstrated success in making progress in the areas described in paragraphs (1) through (4) of section 4214; (5)how the eligible entity will promote regular participation throughout the time period of the program by all students, and particularly those with the greatest academic need, served by the project; (6)how the eligible entity will serve students with the greatest academic needs; and (7)how the applicant will continue to fund and implement the proposed project after the Federal funding ends. (b)

Priorities

In awarding subgrants, the State shall give priority to eligible local entities that— (1)agree to provide, toward the costs of the program carried out under the subgrant, a significant amount of local matching funds, which may be provided in-cash or -kind, including services or materials; (2)propose to develop and implement an expanded learning time program; (3)will focus the use of subgrant funds on schools served by the eligible local entity that are among the schools identified under section 1116(b)(1)(A) in the State, in order to significantly improve student academic achievement and engagement at these schools; and (4)are partnerships that include— (A)one or more local educational agencies that are eligible under part A of title I; and (B)one or more nonprofit organizations or local governmental entities.

4223.

Use of funds

(a)

In general

An eligible local entity that receives a subgrant under section 4221(b)(2) shall use the subgrant funds to carry out one or more of the following programs as part of its community learning center: (1)Expanded learning time programs. (2)Before or after school programs, summer enrichment programs, or summer school programs, that— (A)provide students with additional time for instruction in core academic subjects, other subjects and enrichment activities; and (B)may provide additional time for teachers and staff to collaborate, plan, and engage in professional development within and across grades and subjects. (b)

Additional content

A program described in subsection (a) may include activities designed to— (1)engage students in learning outside of the traditional school setting by providing enrichment and experiential learning activities, such as service learning or work-based learning; (2)improve nutrition and education; (3)improve safety and mental and physical health activities designed to— (A)prevent and reduce substance use (including the use of tobacco, alcohol, and illegal drugs, and the unauthorized use of pharmaceuticals); (B)prevent and reduce violence (including teen dating violence), harassment, and bullying; and (C)provide positive behavioral interventions and supports; (4)provide comprehensive supports, including providing support for pregnant and parenting students; (5)implement innovative family and community engagement activities; (6)support the development of positive student-adult relationships, including one-on-one and group mentoring programs; (7)develop post secondary education and career awareness and readiness programs, and (8)prevent students from dropping out of school. (c)

Performance indicators

Each eligible local entity receiving a subgrant under this subpart shall annually report to the State educational agency awarding the subgrant on student performance on the performance indicators described in section 4214.

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