[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1725 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1725

 To amend the Elementary and Secondary Education Act of 1965 regarding 
the accountability system for elementary and secondary schools, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 17, 2011

 Ms. Murkowski 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 
the accountability system for elementary and secondary schools, and for 
                            other purposes.

    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 ``Educational Accountability and State 
Flexibility Act''.

SEC. 2. EDUCATIONAL ACCOUNTABILITY AND STATE FLEXIBILITY.

    Part A of title I of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 6311 et seq.) is amended by inserting after section 
1116 the following:

``SEC. 1116A. EDUCATIONAL ACCOUNTABILITY AND STATE FLEXIBILITY.

    ``(a) Establishment of New State Flexibility in Accountability 
Requirements.--Beginning one year after the date of enactment of the 
Educational Accountability and State Flexibility Act, each State 
educational agency and local educational agency shall determine the 
performance of, and consequences for, the public schools served under 
this part based on this section instead of identification under 
paragraphs (1), (7), and (8) of section 1116(b).
    ``(b) Evaluation.--
            ``(1) In general.--Each State educational agency shall, for 
        each year, conduct an audit and evaluate a school's performance 
        for a school year to determine the degree of need for 
        improvement and assign each school to a tier described in 
        subsection (c).
            ``(2) Considerations.--In determining the proper tier for a 
        school, the State educational agency shall consider, at a 
        minimum--
                    ``(A) each school's performance and progress toward 
                making adequate yearly progress;
                    ``(B) student academic performance, as measured by 
                the State academic assessment and other indicators 
                described in the State and local plan; and
                    ``(C) student growth.
    ``(c) Accountability Tiers.--Each State shall develop an 
accountability system to evaluate schools that consists of a series of 
tiers, each of which may be described by a letter grade, and shall 
assign rational and appropriate consequences to each tier. The system 
shall include, at a minimum, the following tiers and consequences for 
each tier:
            ``(1) Making adequate yearly progress.--
                    ``(A) Description.--This tier shall include each 
                school in the State that is making adequate yearly 
                progress for all categories described in section 
                1111(b)(2)(C)(v).
                    ``(B) Consequence.--The State educational agency 
                shall provide a school in this tier with recognition 
                and shall ensure that the school shares the school's 
                best practices with other schools.
            ``(2) Nearly making adequate yearly progress and making 
        growth.--
                    ``(A) Description.--This tier shall include each 
                school in the State that--
                            ``(i) has not made adequate yearly 
                        progress, due to not more than 2 of the 
                        categories of students described in section 
                        1111(b)(2)(C)(v)(II) or due to not achieving 
                        the required graduation rate by a small margin; 
                        and
                            ``(ii) demonstrates that the school is 
                        making growth with respect to such categories 
                        or graduation rate, as applicable, such as by 
                        satisfying or substantially satisfying the safe 
                        harbor provisions of section 1111(b)(2)(I).
                    ``(B) Consequences.--The State educational agency 
                shall--
                            ``(i) provide each school in this tier with 
                        recognition for the school's successes and 
                        growth;
                            ``(ii) require that, by not later than the 
                        first day of the school year following such 
                        identification, the local educational agency 
                        shall provide supplemental educational services 
                        to students in such categories attending the 
                        school who are in any of grades 3 through 12 
                        and who did not meet or exceed the proficient 
                        level on the most recent State assessment in 
                        mathematics or in reading or language arts, in 
                        accordance with section 1116(e); and
                            ``(iii) ensure that each school creates, 
                        and submits for approval by the State 
                        educational agency, a research-based 
                        improvement plan for the students in such 
                        categories attending the school who are in any 
                        of grades 3 through 12 and who did not meet or 
                        exceed the proficient level on the most recent 
                        State assessment in mathematics or in reading 
                        or language arts, or for improving the 
                        graduation rate, as applicable, and implements 
                        the approved plan.
            ``(3) Not making adequate yearly progress for a significant 
        number of categories.--
                    ``(A) Description.--This tier shall include each 
                school in the State that--
                            ``(i) has not made adequate yearly progress 
                        for a significant number of categories or has 
                        not achieved the required graduation rate; and
                            ``(ii) is not showing enough growth in the 
                        academic indicators to provide reasonable 
                        confidence that the students are on track to be 
                        proficient by the time the students graduate 
                        secondary school or that the graduation rate 
                        will improve within a reasonable number of 
                        years to the required level.
                    ``(B) Consequences.--
                            ``(i) Recognition.--The State educational 
                        agency shall ensure that each school in this 
                        tier receives recognition for what the school 
                        is doing well.
                            ``(ii) Improvement plan.--The local 
                        educational agency serving each school in this 
                        tier shall audit the policies and practices of 
                        the school, as described in subsection (d), 
                        and, based on the results, shall create, and 
                        submit to the State educational agency for 
                        approval, a research-based improvement plan for 
                        the students in such categories attending the 
                        school who are in any of grades 3 through 12 
                        and who did not meet or exceed the proficient 
                        level on the most recent State assessment in 
                        mathematics or in reading or language arts, for 
                        improving the graduation rate in the school, or 
                        for the school as a whole, as appropriate, and 
                        implement the approved plan. A plan described 
                        in this clause shall include valid, reliable, 
                        evidence-based interventions and may be 
                        developed with the assistance of a nonprofit 
                        organization with demonstrated effectiveness in 
                        school improvement research or implementation.
                            ``(iii) Supplemental educational 
                        services.--The State educational agency shall 
                        require that the local educational agency 
                        provide supplemental educational services to 
                        students in such categories attending the 
                        school who are in any of grades 3 through 12 
                        and who did not meet or exceed the proficient 
                        level on the most recent State assessment in 
                        mathematics or in reading or language arts, in 
                        accordance with section 1116(e).
                            ``(iv) Technical assistance.--The State 
                        educational agency shall provide technical 
                        assistance, to the degree necessary as 
                        indicated by audit results under subsection 
                        (b), and may require the local educational 
                        agency to implement in the school specific and 
                        appropriate requirements, in accordance with 
                        subsection (d).
            ``(4) Not making adequate yearly progress for multiple 
        years.--
                    ``(A) Description.--This tier shall include each 
                school in the State that--
                            ``(i) has not made adequate yearly progress 
                        for a number of years due to--
                                    ``(I) not meeting the adequate 
                                yearly progress targets for a number of 
                                categories described in section 
                                1111(b)(2)(C)(v)(II); or
                                    ``(II) having a very low graduation 
                                rate for a number of years; and
                            ``(ii) is not showing improvement.
                    ``(B) Consequences.--
                            ``(i) Audit and implementation of 
                        turnaround model or school improvement 
                        strategies.--The State shall conduct an in-
                        depth audit of the school and shall require the 
                        local educational agency to implement--
                                    ``(I) an alternative model of 
                                governance under section 1116(b)(8)(B); 
                                or
                                    ``(II) school improvement 
                                strategies based on a system of support 
                                model described in subsection (d).
                            ``(ii) Consultation.--A State educational 
                        agency shall make the decision regarding the 
                        appropriate models or strategies to be used in 
                        accordance with clause (i), but shall first 
                        consult with the local educational agency 
                        serving such school, educators, Indian tribes 
                        or tribal organizations, and community members 
                        before making a final determination.
                            ``(iii) No federal influence.--The 
                        Secretary shall not prioritize, incentivize, or 
                        require the use of, any particular method of 
                        school turnaround or school improvement 
                        strategy.
                            ``(iv) Supplemental educational services.--
                        The State educational agency shall require that 
                        the local educational agency provide 
                        supplemental educational services to students 
                        attending the school who are enrolled in any of 
                        grades 3 through 12 and who did not meet or 
                        exceed the proficient level on the most recent 
                        State assessment in mathematics or in reading 
                        or language arts, in accordance with section 
                        1116(e).
                            ``(v) Public school choice.--
                                    ``(I) In general.--Not later than 
                                the first day of the school year 
                                following a school's classification in 
                                this tier, the local educational agency 
                                serving the school shall provide 
                                students in grades 3 through 12 who are 
                                enrolled in the school and who did not 
                                meet or exceed the proficient level on 
                                the most recent State assessment in 
                                mathematics or in reading or language 
                                arts with the option to transfer to 
                                another public school served by the 
                                local educational agency in accordance 
                                with subclause (II), which may include 
                                a public charter school, that has not 
                                been identified for school improvement 
                                under this paragraph, unless such an 
                                option is prohibited by State law. The 
                                local educational agency shall provide, 
                                or shall pay for the provision of, 
                                transportation for the student to the 
                                public school the student attends.
                                    ``(II) Transfer.--Students who use 
                                the option to transfer under this 
                                clause shall be enrolled in classes and 
                                other activities in the public school 
                                to which the students transfer in the 
                                same manner as all other children at 
                                the public school.
                                    ``(III) Special rules.--
                                Notwithstanding the requirements of 
                                this clause, a local educational agency 
                                shall not be required to provide 
                                students with the option to transfer to 
                                a school under this subparagraph if 
                                doing so would expose students to 
                                unsafe or unreasonable transportation 
                                routes or means or if there is no 
                                higher-performing school within the 
                                school district that has the space or 
                                capacity to serve them.
                            ``(vi) Withholding of state or federal 
                        funds.--A State shall have full authority to 
                        mandate any necessary changes to a school in 
                        order to improve and to withhold Federal or 
                        State funding.
            ``(5) State determinations.--Any decisions about the number 
        of categories of students or the number of years that are 
        required for a particular tier shall be made by the State 
        educational agency and not by the Secretary.
    ``(d) System of Support Model.--A system of support model described 
in this subsection provides aligned resources, information, tools, 
professional development, and technical assistance to assist local 
educational agencies and schools to improve within the following 
domains:
            ``(1) Curriculum (review and development, alignment with 
        performance standards, and implementation in classrooms).
            ``(2) Assessment (formative and summative data collection 
        and review, alignment with curriculum and performance 
        standards, use of data to guide instruction).
            ``(3) Instruction (applying multiple effective strategies, 
        targeted additional services, alignment with performance 
        standards).
            ``(4) Supportive learning environment (effective classroom 
        management, maximizing instructional time, discipline or 
        behavior plans, attendance, parent and community involvement, 
        extended learning).
            ``(5) Professional development (job-embedded, results-
        oriented, data-driven mentoring).
            ``(6) Leadership, including--
                    ``(A) developing and implementing effective 
                improvement strategies;
                    ``(B) curriculum aligned to performance standards;
                    ``(C) parental and community engagement;
                    ``(D) using data to oversee student progress;
                    ``(E) teacher supervision, support, and evaluation, 
                and collaboration; and
                    ``(F) the school's mission, vision, and goals.
    ``(e) State Plan.--A State shall include a description of the 
State's multi-tiered system in the State plan under section 1111(a), 
and shall provide to the Secretary such information as the Secretary 
may reasonably require relating to the system and the performance of 
the State's schools in the system in the State's report under section 
1111(h)(2). The Secretary shall have no authority to approve or 
disapprove the system under such plan.
    ``(f) Funds for Transportation and Supplemental Educational 
Services.--
            ``(1) In general.--A local educational agency shall reserve 
        from its allocation under subpart 2 to provide transportation 
        as required under subsection (c)(4)(E) and to satisfy all 
        requests for supplemental educational services under section 
        1116(e), subject to paragraph (2).
            ``(2) Unused funds.--Beginning 30 days after the first day 
        of a school year, a local educational agency may spend the 
        amount reserved under paragraph (1) for other purposes, if the 
        local educational agency certifies to the State educational 
        agency that all families of students eligible for 
        transportation under subsection (c)(4)(E), or supplemental 
        educational services under section 1116(e), have been notified 
        of the opportunity and have been provided with a reasonable 
        period of time to change schools or enroll in supplemental 
        educational services, as appropriate.
    ``(g) Transition Provisions.--
            ``(1) Inapplicability of certain provisions of section 
        1116(b).--Beginning on and after the date of enactment of the 
        Educational Accountability and State Flexibility Act, a State 
        or local educational agency shall not be required to identify a 
        school under paragraph (1), (7), or (8) of section 1116(b). Any 
        reference in any other section of this Act to an identification 
        under any such paragraph shall be deemed to refer to the 
        appropriate tier of the State's multi-tiered system described 
        in subsection (c).
            ``(2) Regulations.--The Secretary shall issue regulations 
        to provide for the orderly transition from the relevant 
        provisions of section 1116 to the requirements of this 
        section.''.

SEC. 3. SUPPLEMENTAL EDUCATIONAL SERVICES.

    Section 1116(e) of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 6316(e)) is amended--
            (1) by redesignating paragraph (12) as paragraph (13);
            (2) by inserting after paragraph (11) the following:
            ``(12) Additional rules.--In addition to the other 
        requirements of this paragraph--
                    ``(A) in order to provide services under this 
                subsection to students in a school, a provider on the 
                list of approved providers across the State must also 
                have provided the State with evidence that the provider 
                is successful at serving any category of students at 
                the school that did not make adequate yearly progress 
                for the preceding year;
                    ``(B) local educational agencies may negotiate 
                performance-based contracts with providers that 
                facilitate greater control for the local educational 
                agency regarding--
                            ``(i) the hourly rates for the supplemental 
                        educational services and the minimum 
                        supplemental educational services hours 
                        provided;
                            ``(ii) tutor qualifications and the 
                        curriculum to be provided, particularly for 
                        serving students who are limited English 
                        proficient and children with disabilities; and
                            ``(iii) other programmatic and financial 
                        management factors; and
                    ``(C) State educational agencies shall encourage 
                local educational agencies to negotiate contracts 
                regarding the factors described in subparagraph (B).''; 
                and
            (3) in paragraph (13)(A) (as redesignated by paragraph 
        (1)), by inserting ``, who is in any of grades 3 through 12 and 
        who did not meet or exceed the proficient level on the most 
        recent State assessment in mathematics or in reading or 
        language arts'' before the semicolon.
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